oxbow-hickson-bakke ring levee - phase d.3.a work package ... · 01 45 16.13 contractor quality...

Documents for the Construction of the

Oxbow-Hickson-Bakke Ring Levee - Phase D.3.A Work Package 43D.3.A

Gatewell - Prefabricated Vertical Drain & Surcharge Installation

VOLUME 1 OF 2 SPECIFICATIONS

JULY 2014

OWNER CASS COUNTY JOINT WATER RESOURCE DISTRICT

1201 Main Avenue West Fargo, ND 58078

OWNER’S REPRESENTATIVE BRUCE J. SPILLER, P.E.

CH2M HILL ENGINEER’S INC. 657 2nd Ave N #5405 Fargo ND 58105-5405

PHONE: (701) 566-5470 E-MAIL: [email protected]

ENGINEER HOUSTON-MOORE GROUP, LLC

925 10th Avenue East West Fargo, ND 58078

mailto:[email protected]

CASS COUNTY JOINT WATER RESOURCE DISTRICT

Cass County, North Dakota

Documents for the Construction of the

Oxbow-Hickson-Bakke Ring Levee-Phase D.3.A Work Package 43D.3.A

Gatewell - Prefabricated Vertical Drain & Surcharge Installation

Contract No. WP-43D.3.A

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This document was originally issued and sealed by Christopher M. Gross, Registration No. PE-7496, on 7/18/14 and the original document is stored at

CH2M HILL ENGINEERING, INC., Fargo, ND

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Owner’s Representative: CH2M HILL ENGINEERING, INC.

Engineer: Houston-Moore Group, LLC

July 2014

CH2M HILL Project No. 435534/WP-43D.3.A

HMG Project No. 1014-230

TABLE OF CONTENTS

Pages

PART 1—PROCUREMENT REQUIREMENTS

C-111 Invitation to Bid ....................................................................... 1- 1 C-200 Instructions to Bidders ............................................................. 1- 8 C-410 Bid Form .................................................................................. 1- 5 C-435 Bid Bond (Damage Form) ........................................................ 1- 3

PART 2—CONTRACTING REQUIREMENTS

CONTRACTING FORMS

C-520 Agreement ................................................................................ 1- 7

PROJECT FORMS

C-610 Performance Bond.................................................................... 1- 3 C-615 Payment Bond .......................................................................... 1- 4

CONDITIONS OF THE CONTRACT

C-700 General Conditions .................................................................. 1- 68 C-800 Supplementary Conditions ....................................................... 1- 4

PART 3—SPECIFICATIONS

DIVISION 1—GENERAL REQUIREMENTS

01 11 00 Summary of Work .................................................................... 1- 1 01 14 13 Access to Site ........................................................................... 1- 1 01 22 13 Measurement and Payment ..................................................... 1- 6 Application for Payment 01 26 00 Contract Modification Procedures ........................................... 1- 7 01 31 13 Project Coordination ................................................................ 1- 5 01 31 19 Project Meetings ...................................................................... 1- 2 01 32 00 Construction Progress Documentation .................................... 1- 4 01 33 00 Submittal Procedures ............................................................... 1- 7 Transmittal of Contractor’s Submittal 01 33 29 Sustainable and Local Construction ........................................ 1- 1 01 35 29 Health and Safety ..................................................................... 1- 6 01 41 26 Permits ..................................................................................... 1- 3 01 41 26.00 13 North Dakota Pollutant

Discharge Elimination System ................................................. 1- 4

PW/WBG/435534/WP-43D.3.A TABLE OF CONTENTS JULY 22, 2014 00 01 10 - i

Pages 01 42 13 Abbreviations and Acronyms ................................................... 1- 5 01 45 16.13 Contractor Quality Control ...................................................... 1- 4 01 45 33 Special Inspection and Observation ......................................... 1- 1 01 50 00 Temporary Facilities and Controls ........................................... 1- 7 01 58 00 Project Sign .............................................................................. 1- 1 Project Sign Supplement 01 71 23 Construction Surveying ............................................................ 1- 2 01 77 00 Closeout Procedures ................................................................. 1- 2 DIVISION 31 EARTHWORK

31 00 00.00 13 Earthwork ................................................................................. 1- 4 31 05 23.10 Prefabricated Vertical Wick Drains ......................................... 1- 4 31 11 00 Clearing and Grubbing ............................................................. 1- 2 35 73 13.10 Geotechnical Instrumentation .................................................. 1- 6

PART 4—DRAWINGS

END OF SECTION

TABLE OF CONTENTS PW/WBG/435534/WP-43D.3.A 00 01 10 - ii JULY 22, 2014

PART 1

PROCUREMENT REQUIREMENTS

INVITATION TO BID 1

Sealed Bids for the construction of the Work Package 43D.3.A, Gatewell - Prefabricated Vertical 2 Drain (PVD) & Surcharge Installation, (OHB Levee-Phase D.3.A), will be received at the office of the Cass 3 County Joint Water Resource District, 1201 Main Avenue West, West Fargo, ND 58078-1301, until 4 3:00 p.m. local time on August 12, 2014, at which time the Bids received will be publicly opened and 5 read. The Project consists of topsoil stripping, excavation, prefabricated vertical drains, sand blanket, 6 surcharge material, tree removal, re-vegetation, instrumentation installation, and other associated 7 components in Cass County, North Dakota. 8

Bids will be received for a single prime Contract. Bids will be on a lump sum and unit price basis. 9

This Project will be 100 percent funded by a combination of North Dakota State Water Commission funds, 10 allocated under HB 1020, and City of Fargo and Cass County sales tax revenues. 11

The Issuing Office for the Bidding Documents is: Quest Construction Data Network (QuestCDN). 12 Prospective Bidders may obtain copies of the Bidding Documents from the Issuing Office as described 13 below. 14

Bidding Documents also may be examined at CH2M HILL/AE2S, 3170 43rd Street South Suite 100, Fargo, 15 ND 58104, on Mondays through Fridays between the hours of 9:00 a.m. and 4:00 p.m. 16

Bidding Documents may be viewed and downloaded online by registering with the Issuing Office at 17 QuestCDN (www.questcdn.com, eBidDoc#3415772). Following registration, complete sets of Bidding 18 Documents may be downloaded from the Issuing Office’s website as Adobe® portable document format 19 (PDF) files for a fee of $10.00. Printed sets of the Bidding Documents will not be available from the 20 Issuing Office. 21

A pre-bid conference will be held at 10:30 a.m. local time on July 30, 2014 at 333 Schnell Drive, Oxbow, 22 ND. A site visit will be held following the pre-bid meeting near the intersection of CR 81 and CR 25 north 23 of Oxbow, ND. Arrange personal transportation to the site visit. 24

Attendance is mandatory at the pre-bid conference and the site visit. 25

Each Bid shall be accompanied by a separate envelope containing a Bidder's bond in a sum equal to (5%) 26 five percent of the full amount of the Bid, executed by the Bidder as principal and by a surety company 27 authorized to do business in this state, conditioned that if the principal's Bid be accepted and the contract 28 awarded to him, he, within ten days after notice of award, will execute and effect a contract in accordance 29 with the terms of his Bid and a contractor's bond as required by law and the regulations and 30 determinations of the governing board. 31

No bids will be read or considered which do not fully comply with the North Dakota bond and license 32 requirements. In compliance with Section 43-07-12 of the North Dakota Century Code, each contractor 33 submitting a bid must have a copy of his North Dakota Contractor's License or certificate of renewal 34 thereof, issued by the Secretary of State enclosed in the separate bid bond envelope; must be licensed 35 for the highest amount of his total bid combination including add alternates; and such license must have 36 been in effect at least 10 days prior to the date of the bid opening. 37

No bid will be read or considered which does not fully comply with the provisions herein as to bonds and 38 licenses, and any deficient bid submitted will be resealed and returned to bidder immediately. 39

Bid security shall be made payable to the Owner. Bid security of two lowest Bidders will be retained until 40 Contract has been awarded and executed, but not longer than 30 days. 41

The Owner reserves the right to reject any or all Bids and to waive informalities therein. 42

Owner: Cass County Joint Water Resource District. 43

By: Bruce J. Spiller, P.E., Owner’s Representative. 44

00_C111 Advertisement/WP-43D.3.A Page 1

https://www.questcdn.com/questcdn/action/questLogin



http://www.questcdn.com/

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page ARTICLE 1 – Defined Terms ........................................................................................................................... 1

ARTICLE 2 – Bidding Documents ................................................................................................................... 1

ARTICLE 3 – Qualifications of Bidders ........................................................................................................... 1

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site .................................................................................................................................. 1

ARTICLE 5 – Bidder’s Representations .......................................................................................................... 3

ARTICLE 6 – Pre-Bid Conference ................................................................................................................... 4

ARTICLE 7 – Interpretations and Addenda .................................................................................................... 4

ARTICLE 8 – Bid Security ............................................................................................................................... 4

ARTICLE 9 – Contract Times .......................................................................................................................... 5

ARTICLE 10 – Liquidated Damages ................................................................................................................ 5

ARTICLE 11 – Substitute and “Or-Equal” Items............................................................................................. 5

ARTICLE 12 – Subcontractors, Suppliers, and Others ................................................................................... 5

ARTICLE 13 – Preparation of Bid ................................................................................................................... 5

ARTICLE 14 – Basis of Bid .............................................................................................................................. 6

ARTICLE 15 – Submittal of Bid ....................................................................................................................... 6

ARTICLE 16 – Modification and Withdrawal of Bid ....................................................................................... 7

ARTICLE 17 – Opening of Bids ....................................................................................................................... 7

ARTICLE 18 – Bids to Remain Subject to Acceptance ................................................................................... 7

ARTICLE 19 – Evaluation of Bids and Award of Contract .............................................................................. 7

ARTICLE 20 – Bonds and Insurance ............................................................................................................... 8

ARTICLE 21 – Signing of Agreement .............................................................................................................. 8

Page i

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – BIDDING DOCUMENTS

2.01 Bidding Documents may be obtained from the Issuing Office as stated in the advertisement or invitation to bid.

2.02 Use complete sets of Bidding Documents in preparing Bids; Owner, Engineer, or Owner’s Representative do not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner, Engineer, and Owner’s Representative in making Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid the following additional information:

A. Evidence of Bidder’s authority to do business in North Dakota.

B. Bidder’s North Dakota Contractor License Number, or certificate of renewal thereof, issued by the Secretary of State, enclosed in the separate Bid Bond Envelope.

3.02 A Bidder’s failure to submit required qualification information may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

00_C-200 Instructions to Bidders/WP-43D.3.A Page 1

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available at the Issuing Office at a cost of $10.00. These reports and drawings are not part of the Bidding Documents, nor will they be incorporated into the Contract Documents but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site that was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder may visit the Site during mandatory pre-bid conference.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.


4.04 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Owner’s Representative written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Owner’s Representative is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and


J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A mandatory pre-Bid conference and site visit will be held at the time and location stated in the Invitation to Bid. Representatives of Owner, Engineer, and Owner’s Representative will be present to discuss the Project. Issuing Office will transmit to all prospective Bidders of record such Addenda as Owner’s Representative considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 Questions about the meaning or intent of the Bidding Documents are to be submitted to Owner’s Representative in writing by e-mail at [email protected]. Interpretations or clarifications considered necessary by Owner’s Representative in response to such questions will be issued by Addenda delivered to all parties registered at the Issuing Office and recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 28 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.



ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Owner’s Representative authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Owner’s Representative until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.


13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose

title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and official address.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in North Dakota. Bidder’s state contractor license number shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Each Bid shall be accompanied by a separate envelope marked with the Project Title and the name and address of Bidder and the designation “Bid Security for WP-43D.3.A” containing the Bidder’s North Dakota Contractor License Number and a Bidder's bond in a sum equal to (5%) five percent of the full amount of the Bid, executed by the Bidder as principal and by a surety company authorized to do business in this state, conditioned that if the principal's Bid be accepted and the contract awarded to him, he, within ten days after notice of award, will execute and effect a contract in accordance with the terms of his Bid and a contractor's bond as required by law and the regulations and determinations of the governing board.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder and the designation “Bid for WP-43D.3.A”, and shall be accompanied by the Bid security and other required documents in the separate envelope described above. If a Bid is sent by mail or other delivery system, the sealed envelopes containing the Bid security and Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to CCJWRD Secretary/Treasurer.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.


ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. The Bid Security envelope will be opened first and, if acceptable, the Bid envelope will be opened. If not acceptable, the Bid will be returned unopened. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.


19.04 Owner may conduct such investigations as Owner deems necessary to establish the responsibility,

qualifications, and financial ability of Bidders.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

END OF SECTION


BID FORM

Oxbow-Hickson-Bakke Ring Levee Phase D.3.A Work Package-43D.3.A

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Cass County Joint Water Resource District CCJWRD Secretary/Treasurer 1201 Main Street West Fargo, ND 58078

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 28 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

00_C-410 Bid Form/WP-43D.3.A Page 1

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Owner’s Representative written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner’s Representative is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;


2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Item No. Description Unit

Estimated Quantity

Bid Unit Price ($)

Bid Price ($)

0001 Mobilization LS 1

0002 Stripping SY 2,500

0003 Sand Drainage Blanket TN 2,500

0004 Excavation – Surcharge Fill CY 5,650

0005 Prefabricated Vertical Drains LF 36,800

0006 Instrumentation Installation LS 1

0007 Care of Water LS 1

0008 Health and Safety LS 1

0009 Work Limit Fencing (Orange Safety Fence)

LF 8,543

0010 Clearing and Grubbing LS 1

Total of All Unit Price Items

5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Total Bid Price (words) Dollars

and Cents


ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. Contractor’s North Dakota License No.: __________;

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By: [Signature]

[Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: [Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:


Contact Name and e-mail address:

Bidder’s License No.:

END OF SECTION


DAMAGES FORM

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name— Include Location): BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title

00_C-435 Bid Bond (Damages Form)/WP-43D.3.A Page 1

DAMAGES FORM

Attest: Attest: Signature Signature Title Title

Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder that submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.


DAMAGES FORM

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

END OF SECTION


PART 2

CONTRACTING REQUIREMENTS

AGREEMENT

BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between Cass County Joint Water Resource District (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

A. The Project consists of topsoil stripping, excavation, prefabricated vertical drains, sand blanket, surcharge material, tree removal, re-vegetation, instrumentation installation, and other associated components in Cass County, North Dakota.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as the Oxbow-Hickson-Bakke Ring Levee Phase D.3.A, Work Package 43D.3.A.

ARTICLE 3 – ENGINEER AND OWNER’S REPRESENTATIVE

3.01 The Project has been designed by Houston-Moore Group, LLC (“Engineer”).

3.02 The Owner has retained CH2M HILL Engineers, Inc. to act as Owner’s Representative, assume all duties and responsibilities, and have the rights and authority assigned to Owner’s Representative in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times:

A. The Work will be substantially completed within 60 days of Notice to Proceed as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions by within 75 days of Notice to Proceed.

00_C-520 Agreement/WP-43D.3.A Page 1

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $200 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item):

Item No. Description Unit

Estimated Quantity

Unit Price ($)

Total Estimated Price ($)

0001 Mobilization LS 1

0002 Stripping SY 2,500

0003 Sand Drainage Blanket TN 2,500

0004 Excavation – Surcharge Fill CY 5,650

0005 Prefabricated Vertical Drains LF 36,800

0006 Instrumentation Installation LS 1

0007 Care of Water LS 1

0008 Health and Safety LS 1

0009 Work Limit Fencing (Orange Safety Fence) LF 8,543

0010 Clearing and Grubbing LS 1


B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Owner’s Representative.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Owner’s Representative as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract:

a. Ninety (90) percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Owner’s Representative, and if the character and progress of the Work have been satisfactory to Owner and Owner’s Representative, then as long as the character and progress of the Work remain satisfactory to Owner and Owner’s Representative, there will be no additional retainage; and

b. Ninety (90) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Owner’s Representative’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Owner’s Representative as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 No interest will be paid for late payments.


ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Owner’s Representative written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner’s Representative is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.


ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 7, inclusive).

2. Performance bond (pages 1 to 3, inclusive).

3. Payment bond (pages 1 to 4, inclusive).

4. General Conditions (pages 1 to 68, inclusive).

5. Supplementary Conditions (pages 1 to 3, inclusive).

6. Specifications as listed in the table of contents of the Project Manual.

7. Drawings (not attached but incorporated by reference) consisting of 12 sheets with each sheet bearing the following general title: Work Package 43D.3.A, Gatewell - Prefabricated Vertical Drain (PVD) & Surcharge Installation, (OHB Levee-Phase D.3.A); Cass County, North Dakota.

8. Addenda (numbers ___ to ___, inclusive).

9. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages 1 to ___, inclusive).

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without


limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.


IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on __________ (which is the Effective Date of the Contract).

OWNER: Cass County Joint Water Resource District

CONTRACTOR:

By: Mark Brodshaug By:

Title: Board Chair, CCJWRD Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices: CCJWRD

1201 Main Avenue West

West Fargo, ND 58078

License No.:

END OF SECTION


PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address): CONSTRUCTION CONTRACT

Effective Date of the Agreement: Amount: Description (name and location):

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint ventures’. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

00_C-610 Performance Bond/WP 43D.3.A Page 1

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

00_C-610 Performance Bond/WP-43D.3.A Page 2

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement all be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

END OF SECTION

00_C-610 Performance Bond/WP-43D.3.A Page 3

PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location):

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

00_C-615 Payment Bond/WP-43D.3.A Page 1

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed amounts.

7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

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10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant including at a minimum:

1. The name of the Claimant; 2. The name of the person for whom the

labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

00_C-615 Payment Bond 2013.docx Page 3

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

00_C-615 Payment Bond 2013.docx Page 4

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology ......................................................................................... 1

1.01 Defined Terms ........................................................................................................................ 1

1.02 Terminology ........................................................................................................................... 5

Article 2 – Preliminary Matters ....................................................................................................... 6

2.01 Delivery of Bonds and Evidence of Insurance ........................................................................ 6

2.02 Copies of Documents ............................................................................................................. 6

2.03 Before Starting Construction ................................................................................................. 7

2.04 Preconstruction Conference; Designation of Authorized Representatives ........................... 7

2.05 Initial Acceptance of Schedules ............................................................................................. 7

2.06 Electronic Transmittals ........................................................................................................... 8

Article 3 – Documents: Intent, Requirements, Reuse .................................................................... 8

3.01 Intent ...................................................................................................................................... 8

3.02 Reference Standards .............................................................................................................. 8

3.03 Reporting and Resolving Discrepancies ................................................................................. 9

3.04 Requirements of the Contract Documents .......................................................................... 10

3.05 Reuse of Documents ............................................................................................................ 10

Article 4 – Commencement and Progress of the Work ................................................................ 10

4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 10

4.02 Starting the Work ................................................................................................................. 11

4.03 Reference Points .................................................................................................................. 11

4.04 Progress Schedule ................................................................................................................ 11

4.05 Delays in Contractor’s Progress ........................................................................................... 11

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..................................................................................................................................... 12

5.01 Availability of Lands ............................................................................................................. 12

5.02 Use of Site and Other Areas ................................................................................................. 12

5.03 Subsurface and Physical Conditions ..................................................................................... 13

Page i

5.04 Differing Subsurface or Physical Conditions ........................................................................ 14

5.05 Underground Facilities ......................................................................................................... 15

5.06 Hazardous Environmental Conditions at Site ...................................................................... 17

Article 6 – Bonds and Insurance ................................................................................................... 19

6.01 Performance, Payment, and Other Bonds ........................................................................... 19

6.02 Insurance—General Provisions ............................................................................................ 20

6.03 Contractor’s Insurance ......................................................................................................... 21

6.04 Owner’s Liability Insurance .................................................................................................. 23

6.05 Property Insurance ............................................................................................................... 23

6.06 Waiver of Rights ................................................................................................................... 25

6.07 Receipt and Application of Property Insurance Proceeds ................................................... 26

Article 7 – Contractor’s Responsibilities ....................................................................................... 27

7.01 Supervision and Superintendence ....................................................................................... 27

7.02 Labor; Working Hours .......................................................................................................... 27

7.03 Services, Materials, and Equipment ..................................................................................... 27

7.04 “Or Equals” ........................................................................................................................... 27

7.05 Substitutes ........................................................................................................................... 28

7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 30

7.07 Patent Fees and Royalties .................................................................................................... 32

7.08 Permits ................................................................................................................................. 32

7.09 Taxes .................................................................................................................................... 32

7.10 Laws and Regulations ........................................................................................................... 32

7.11 Record Documents ............................................................................................................... 33

7.12 Safety and Protection ........................................................................................................... 33

7.13 Safety Representative .......................................................................................................... 34

7.14 Hazard Communication Programs ....................................................................................... 34

7.15 Emergencies ......................................................................................................................... 34

7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 35

7.17 Contractor’s General Warranty and Guarantee................................................................... 37

7.18 Indemnification .................................................................................................................... 38

7.19 Delegation of Professional Design Services ......................................................................... 38

Article 8 – Other Work at the Site ................................................................................................ 39

8.01 Other Work .......................................................................................................................... 39

8.02 Coordination ........................................................................................................................ 40

Page ii

8.03 Legal Relationships ............................................................................................................... 40

Article 9 – Owner’s Responsibilities .............................................................................................. 41

9.01 Communications to Contractor ............................................................................................ 41

9.02 Replacement of Engineer ..................................................................................................... 41

9.03 Furnish Data ......................................................................................................................... 41

9.04 Pay When Due ...................................................................................................................... 41

9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 41

9.06 Insurance .............................................................................................................................. 42

9.07 Change Orders ...................................................................................................................... 42

9.08 Inspections, Tests, and Approvals ........................................................................................ 42

9.09 Limitations on Owner’s Responsibilities .............................................................................. 42

9.10 Undisclosed Hazardous Environmental Condition ............................................................... 42

9.11 Evidence of Financial Arrangements .................................................................................... 42

9.12 Safety Programs ................................................................................................................... 42

Article 10 – Engineer’s Status During Construction ...................................................................... 42

10.01 Owner’s Representative ....................................................................................................... 42

10.02 Visits to Site .......................................................................................................................... 42

10.03 Project Representative ......................................................................................................... 43

10.04 Rejecting Defective Work ..................................................................................................... 43

10.05 Shop Drawings, Change Orders and Payments .................................................................... 43

10.06 Determinations for Unit Price Work .................................................................................... 43

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 44

10.08 Limitations on Engineer’s Authority and Responsibilities .................................................... 44

10.09 Compliance with Safety Program ......................................................................................... 44

Article 11 – Amending the Contract Documents; Changes in the Work ...................................... 45

11.01 Amending and Supplementing Contract Documents .......................................................... 45

11.02 Owner-Authorized Changes in the Work ............................................................................. 45

11.03 Unauthorized Changes in the Work ..................................................................................... 46

11.04 Change of Contract Price ..................................................................................................... 46

11.05 Change of Contract Times .................................................................................................... 47

11.06 Change Proposals ................................................................................................................. 47

11.07 Execution of Change Orders ................................................................................................. 48

11.08 Notification to Surety ........................................................................................................... 48

Page iii

Article 12 – Claims ......................................................................................................................... 48

12.01 Claims ................................................................................................................................... 48

Article 13 – Cost of the Work; Allowances; Unit Price Work ........................................................ 50

13.01 Cost of the Work .................................................................................................................. 50

13.02 Allowances ........................................................................................................................... 52

13.03 Unit Price Work .................................................................................................................... 53

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....... 53

14.01 Access to Work ..................................................................................................................... 53

14.02 Tests, Inspections, and Approvals ........................................................................................ 54

14.03 Defective Work..................................................................................................................... 54

14.04 Acceptance of Defective Work ............................................................................................. 55

14.05 Uncovering Work ................................................................................................................. 55

14.06 Owner May Stop the Work .................................................................................................. 56

14.07 Owner May Correct Defective Work .................................................................................... 56

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .......................... 57

15.01 Progress Payments ............................................................................................................... 57

15.02 Contractor’s Warranty of Title ............................................................................................. 60

15.03 Substantial Completion ........................................................................................................ 60

15.04 Partial Use or Occupancy ..................................................................................................... 61

15.05 Final Inspection .................................................................................................................... 62

15.06 Final Payment ....................................................................................................................... 62

15.07 Waiver of Claims .................................................................................................................. 63

15.08 Correction Period ................................................................................................................. 63

Article 16 – Suspension of Work and Termination ....................................................................... 64

16.01 Owner May Suspend Work .................................................................................................. 64

16.02 Owner May Terminate for Cause ......................................................................................... 65

16.03 Owner May Terminate For Convenience ............................................................................. 66

16.04 Contractor May Stop Work or Terminate ............................................................................ 66

Article 17 – Final Resolution of Disputes ...................................................................................... 66

17.01 Methods and Procedures ..................................................................................................... 66

Article 18 – Miscellaneous ............................................................................................................ 67

18.01 Giving Notice ........................................................................................................................ 67

18.02 Computation of Times .......................................................................................................... 67

Page iv

18.03 Cumulative Remedies .......................................................................................................... 67

18.04 Limitation of Damages ......................................................................................................... 67

18.05 No Waiver ............................................................................................................................ 67

18.06 Survival of Obligations ......................................................................................................... 68

18.07 Controlling Law .................................................................................................................... 68

18.08 Headings ............................................................................................................................... 68

Page v

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Owner’s Representative is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document that is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Owner’s Representative concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Owner’s Representative concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Owner’s Representative’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Owner’s Representative has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural

C-700 General Conditions/WP-43D.3.A Page 1

requirements set forth herein, contesting Owner’s Representative’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Owner’s Representative has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—The individual or entity named as such in the Agreement.

21. Field Order—A written order issued by Owner’s Representative that requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.


24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Owner’s Representative—Owner’s authorized representative named in the Agreement.

30. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

31. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

32. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

33. Resident Project Representative—The authorized representative of Owner’s Representative assigned to assist Owner’s Representative at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Owner’s Representative’s or Engineer’s review of the submittals and the performance of related construction activities.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.


37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner that are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner’s Representative, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

42. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

43. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

44. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

45. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

47. Unit Price Work—Work to be paid for on the basis of unit prices.


48. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

49. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Owner’s Representative, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Owner’s Representative or Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Owner’s Representative or Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Owner’s Representative or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Owner’s Representative’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).


E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor two (2) printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Owner’s Representative.


2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Owner’s Representative for review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work, including quantities and prices of items that, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Owner’s Representative, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Owner’s Representative, and others as appropriate, will be held to review for acceptability to Owner’s Representative as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Owner’s Representative.

1. The Progress Schedule will be acceptable to Owner’s Representative if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Owner’s Representative responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Owner’s Representative if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Owner’s Representative as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.


2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Owner’s Representative, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Owner’s Representative, and Contractor shall jointly develop such protocols.

C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Owner’s Representative will issue clarifications and interpretations of the Contract Documents as provided herein.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, Owner’s Representative, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Owner’s Representative, Engineer, or any of their


officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3. Any referenced publication is to be used solely for technical requirements. Measurement and payment and any other matters respecting the administration of this contract shall be governed by the terms of this contract without considering any referenced publication.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Owner’s Representative any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Owner’s Representative, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Owner’s Representative in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Owner’s Representative, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner, Owner’s Representative, or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).


3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Owner’s Representative all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Owner’s Representative will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

B. Owner’s Representative will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Owner’s Representative’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Owner’s Representative will promptly give written notice to Owner and Contractor that Owner’s Representative is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the one hundred and twentieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier, unless agreed to by Owner and Contractor in writing.


4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction that, in Engineer’s judgment, are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Owner’s Representative whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Owner’s Representative for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Owner’s Representative, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor may be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor may be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of


delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction


equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Owner’s Representative, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site;

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and

3. Technical Data contained in such reports and drawings.


B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner, Owner’s Representative, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or

2. is of such a nature as to require a change in the Drawings or Specifications; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Owner’s Representative in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Owner’s Representative’s Review: After receipt of written notice as required by the preceding paragraph, Owner’s Representative will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Owner’s Representative’s findings, conclusions, and recommendations.


C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Owner’s Representative’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Owner’s Representative) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Owner’s Representative’s written findings, conclusions, and recommendations, in whole or in part.

D. Possible Price and Times Adjustments:

1. Contractor may be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; Contractor’s entitlement to an adjustment is conditioned on the following:

a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or

b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice as required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

5.05 Underground Facilities

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner, Owner’s Representative, or Engineer by the


owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner, Owner’s Representative, and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Owner’s Representative.

C. Owner’s Representative’s Review: Owner’s Representative will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Owner’s Representative’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Owner’s Representative’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Owner’s Representative) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Owner’s Representative’s written findings, conclusions, and recommendations in whole or in part.

E. Possible Price and Times Adjustments:

1. Contractor may be entitled to an equitable adjustment in the Contract Price or Contract Times, or both. Contractor’s entitlement to an adjustment is condition on the following: the extent that any existing Underground Facility at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, and related delay, disruption, or interference, caused an increase or decrease in


Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

c. With respect to an adjustment of the Contract Times, such adjustment must be essential to Contractor’s ability to complete the Work within the Contract Times (i.e. on the Critical Path); and

d. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

2. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner, Owner’s Representative, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.


C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Owner’s Representative (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Owner’s Representative concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Owner’s Representative, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.

H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or


relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.


6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.


D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Owner’s Representative and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.

C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.


F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16.

H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests.

J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

6.03 Contractor’s Insurance

A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:

1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.


2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, including Owner’s Representative, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner, Owner’s Representative, and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not


by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.

I. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Owner’s Representative, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

6.04 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Owner’s Representative, Engineer, or third parties.

6.05 Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary


Conditions, the parties required to be insured shall collectively be referred to as “insureds.”

2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.

3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co-insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start-up.


13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

6.06 Waiver of Rights

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Owner’s Representative or Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner’s Representative or Engineer, their consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.


B. Owner waives all rights against Contractor, Subcontractors, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, Owner’s Representative, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them.

D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Owner’s Representative, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.


ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Owner’s Representative except under extraordinary circumstances.

7.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Owner’s Representative, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.04 “Or Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Owner’s Representative authorize the use of other items of


material or equipment, or items from other proposed suppliers under the circumstances described below. Owner’s Representative will transmit request to Engineer.

1. If Engineer, in its sole discretion, determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Owner’s Representative shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Owner’s Representative determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) it has a proven record of performance and availability of responsive service; and

4) it is not objectionable to Owner.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Owner’s Representative will advise Contractor in writing of any determination.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

7.05 Substitutes

A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Owner’s Representative authorize the


use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. Owner’s Representative will transmit request to Engineer.

1. Contractor shall submit sufficient information as provided below to allow Owner’s Representative and Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Owner’s Representative will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Owner’s Representative for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design,

2) be similar in substance to that specified, and

3) be suited to the same use as that specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from that specified, and

2) available engineering, sales, maintenance, repair, and replacement services.

d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order issued by Owner’s Representative


accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Owner’s Representative will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Owner’s Representative and Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an


acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis Contractor shall submit to Owner’s Representative a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be fully responsible to Owner and Owner’s Representative for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer, Owner’s Representative, or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner.

N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

O. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner, Owner’s Representative, or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of Owner, Owner’s Representative, or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.


7.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner, Owner’s Representative, or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

7.08 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.

7.09 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

7.10 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Owner’s Representative shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.


B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.11 Record Documents

A. Owner’s Representative will maintain Record Documents.

7.12 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.


C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Specifications identify any Owner’s safety programs that are applicable to the Work.

D. Contractor shall inform Owner, Owner’s Representative, and Engineer of the specific requirements of Contractor’s safety program with which Owner’s, Owner’s Representative’s, and Engineer’s employees and representatives must comply while at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner, Owner’s Representative, or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Owner’s Representative has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Owner’s Representative prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Owner’s Representative determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.


7.16 Shop Drawings, Samples, and Other Submittals

A. Shop Drawing and Sample Submittal Requirements:

1. Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

3. With each submittal, Contractor shall give Owner’s Representative specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Owner’s Representative for review and approval of each such variation.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Owner’s Representative for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Owner’s Representative may require.

1. Shop Drawings:

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Owner’s Representative the services, materials, and equipment Contractor proposes to provide and to enable Owner’s Representative or Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

2. Samples:

a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Owner’s Representative may require to enable Owner’s Representative or Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.


3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Owner’s Representative or Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Other Submittals: Contractor shall submit other submittals to Owner’s Representative in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D. Owner’s Representative or Engineer’s Review:

1. Owner’s Representative or Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Owner’s Representative. Owner’s Representative’s or Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Owner’s Representative’s or Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Owner’s Representative’s or Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Owner’s Representative’s or Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Owner’s Representative or Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Owner’s Representative or Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5. Owner’s Representative’s or Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6. Owner’s Representative’s or Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Owner’s Representative’s or Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.


E. Resubmittal Procedures:

1. Contractor shall make corrections required by Owner’s Representative or Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Owner’s Representative or Engineer on previous submittals.

2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than two submittals. Owner’s Representative or Engineer will record Owner’s Representative’s or Engineer’s time for reviewing a third or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Owner’s Representative’s or Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Owner’s Representative’s or Engineer’s charges to Owner for their review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Owner’s Representative and Engineer and their officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. observations by Owner’s Representative or Engineer;

2. recommendation by Owner’s Representative or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Owner’s Representative or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal;

6. the issuance of a notice of acceptability by Owner’s Representative or Engineer;

7. any inspection, test, or approval by others; or


8. any correction of defective Work by Owner.

D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner, Owner’s Representative, or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Owner’s Representative or Engineer and Owner’s Representative’s or Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

7.19 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.


B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner, Owner’s Representative, and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Owner’s Representative for Engineer’s review.

C. Owner, Owner’s Representative, and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Owner’s Representative’s or Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner, Owner’s Representative, or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner or US Army Corps of Engineers may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner or US Army Corps of Engineers performs other work at or adjacent to the Site with Owner’s or US Army Corps of Engineers employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Owner’s Representative and the others whose work will be affected.


D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Owner’s Representative in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. an itemization of the specific matters to be covered by such authority and responsibility; and

3. the extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner, or Owner’s Representative shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual


rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, Owner’s Representative, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner, Owner’s Representative, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Owner’s Representative.

9.02 Replacement of Owner’s Representative

A. Owner may at its discretion appoint another to replace Owner’s Representative, provided Contractor makes no reasonable objection to the replacement. The replacement’s status under the Contract Documents shall be that of the former Owner’s Representative.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.


C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – OWNER’S REPRESENTATIVE’S AND ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Owner’s Representative will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Owner’s Representative as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Owner’s Representative and Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Owner’s Representative deems necessary in order to observe as experienced and qualified professionals the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained


during such visits and observations, Owner’s Representative, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Neither Owner’s Representative nor Engineer will be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Owner’s Representative’s and Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Owner’s Representative will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Owner’s Representative’s and Engineer’s visits and observations are subject to all the limitations on Owner’s Representative’s and Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Owner’s Representative’s or Engineer’s visits or observations of Contractor’s Work, neither Owner’s Representative nor Engineer will supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Project Representative

A. If Owner and Owner’s Representative have agreed that Owner’s Representative will furnish a Resident Project Representative to represent Owner’s Representative at the Site and assist Owner’s Representative in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Owner’s Representative’s or Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work

A. Owner’s Representative has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments

A. Owner’s Representative’s and Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.

B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Owner’s Representative’s authority as to Change Orders is set forth in Article 11.

D. Owner’s Representative’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Owner’s Representative will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.


10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Owner’s Representative will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Owner’s Representative will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Owner’s Representative’s and Engineer’s Authority and Responsibilities

A. Neither Owner’s Representative’s or Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Owner’s Representative or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Owner’s Representative or Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Owner’s Representative or Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Neither Owner’s Representative nor Engineer will supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Neither Owner’s Representative nor Engineer will be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Neither Owner’s Representative nor Engineer will be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Owner’s Representative’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Owner’s Representative’s and Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Owner’s Representative and Engineer have been informed.


ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Owner’s Representative. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Owner’s Representative may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Owner’s Representative’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the


Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the


maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Owner’s Representative to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Owner’s Representative concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Owner’s Representative promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Owner’s Representative and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Owner’s Representative will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Owner’s Representative’s Action: Owner’s Representative will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Owner’s Representative does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Owner’s Representative’s inaction the Change


Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Owner’s Representative’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Owner’s Representative will notify the parties that the Owner’s Representative is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Owner’s Representative’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Owner’s Representative’s decisions regarding Change Proposals;


2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Owner’s Representative has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Owner’s Representative, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Owner’s Representative.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.


G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.


3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Owner’s Representative, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Owner’s Representative, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.


i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner’s Representative an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Owner’s Representative.

B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and


2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner’s Representative to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Owner’s Representative will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Owner’s Representative will review with Contractor the Owner’s Representative’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Owner’s Representative’s written decision thereon will be final and binding (except as modified by Owner’s Representative to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

E. Within 30 days of Owner’s Representative’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

1. the quantity of any item of Unit Price Work performed by Contractor differs by greater than 25% from the estimated quantity of such item indicated in the Agreement and the effect on the overall Contract Price is greater than 5%;

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Owner’s Representative, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and


testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Owner’s Representative timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Owner’s Representative the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Owner’s Representative’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Owner’s Representative.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Owner’s Representative, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Owner’s Representative, Contractor shall, if requested by Owner’s Representative, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Owner’s Representative timely notice of Contractor’s intention to cover the same and Owner’s Representative had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.


B. Owner’s Representative’s Authority: Owner’s Representative has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Owner’s Representative has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Owner’s Representative has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Owner’s Representative’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Owner’s Representative as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Owner’s Representative has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

B. If any Work is covered contrary to the written request of Owner’s Representative, then Contractor shall, if requested by Owner’s Representative, uncover such Work for Owner’s Representative’s observation, and then replace the covering, all at Contractor’s expense.


C. If Owner’s Representative considers it necessary or advisable that covered Work be observed by Owner’s Representative or inspected or tested by others, then Contractor, at Owner’s Representative’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner’s Representative may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Owner’s Representative to correct defective Work, or to remove and replace rejected Work as required by Owner’s Representative, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Owner’s Representative and Owner’s Representative’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.


C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Owner’s Representative. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 30 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Owner’s Representative for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Owner’s Representative will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Owner’s Representative’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.


2. Owner’s Representative’s recommendation of any payment requested in an Application for Payment will constitute a representation by Owner’s Representative to Owner, based on Owner’s Representative’s observations of the executed Work as an experienced and qualified design professional, and on Owner’s Representative’s review of the Application for Payment and the accompanying data and schedules, that to the best of Owner’s Representative’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Owner’s Representative’s responsibility to observe the Work.

3. By recommending any such payment, Owner’s Representative will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Owner’s Representative in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Owner’s Representative’s review of Contractor’s Work for the purposes of recommending payments nor Owner’s Representative’s recommendation of any payment, including final payment, will impose responsibility on Owner’s Representative:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Owner’s Representative may refuse to recommend the whole or any part of any payment if, in Owner’s Representative’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.


6. Owner’s Representative will recommend reductions in payment (set-offs) necessary in Owner’s Representative’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

e. Owner’s Representative has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Twenty (20) days after presentation of the Application for Payment to Owner with Owner’s Representative’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set-offs) recommended by Owner’s Representative, Owner is entitled to impose a set-off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;


j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Owner’s Representative, Owner will give Contractor immediate written notice (with a copy to Owner’s Representative) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Owner’s Representative in writing that the entire Work is substantially complete and request that Owner’s Representative issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Owner’s Representative an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Owner’s Representative shall make an inspection of the Work to determine the status of completion. If Owner’s Representative does not consider the Work substantially complete, Owner’s Representative will notify Contractor in writing giving the reasons therefor.

C. If Owner’s Representative considers the Work substantially complete, Owner’s Representative will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Owner’s Representative shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Owner’s Representative as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Owner’s Representative concludes that the Work is not substantially complete, Owner’s Representative will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the


reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Owner’s Representative concludes that the Work is substantially complete, then Owner’s Representative will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Owner’s Representative believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Owner’s Representative, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Owner’s Representative will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Owner’s Representative in writing that Contractor considers any such part of the Work substantially complete and request Owner’s Representative to issue a certificate of Substantial Completion for that part of the Work.


3. Within a reasonable time after either such request, Owner, Contractor, Owner’s Representative, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Owner’s Representative does not consider that part of the Work to be substantially complete, Owner’s Representative will notify Owner and Contractor in writing giving the reasons therefor. If Owner’s Representative considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Owner’s Representative will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Owner’s Representative, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or


Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Owner’s Representative’s Review of Application and Acceptance:

1. If, on the basis of Owner’s Representative’s observation of the Work during construction and final inspection, and Owner’s Representative’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner’s Representative is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Owner’s Representative will, within ten days after receipt of the final Application for Payment, indicate in writing Owner’s Representative’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Owner’s Representative’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Owner’s Representative will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Owner’s Representative will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Owner’s Representative’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Owner’s Representative (less any further sum Owner is entitled to set off against Owner’s Representative’s recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has


arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days, or longer if mutually agreeable, by written notice to Contractor and Owner’s Representative. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.


16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Owner’s Representative.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Owner’s Representative, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.


16.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Owner’s Representative, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner’s Representative fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Owner’s Representative, and provided Owner or Owner’s Representative do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner’s Representative has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 60 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Owner’s Representative, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and

2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.


B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Owner’s Representative, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.


18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the State of North Dakota.

18.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

END OF SECTION


Supplementary Conditions

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.B:

C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner:

1. Report dated March 21, 2014, prepared by Houston-Moore Group, entitled: “Oxbow, Hickson, Bakke Ring Levee Phase WP-43A Geotechnical Analysis Report”. The Technical Data contained in such report upon whose accuracy Contractor may rely are:

Appendix A – Boring Logs

Appendix B – Laboratory Testing Results

2. Report dated March 5, 2014, prepared for Moore Engineering, Inc., entitled: “Geotechnical Evaluation Report for Proposed Development–South of Oxbow–Oxbow, North Dakota”. The Technical Data contained in such report upon whose accuracy Contractor may rely are:

Appendix A – Log of Borings

Appendix B – Laboratory Test Results

3. Report dated April 30, 2010, entitled “Stability Evaluation of Flood Protection Levee–Flood Protection Levees–City of Oxbow, North Dakota,” NTI Project No. 10-10639.100. The Technical Data contained in such report upon whose accuracy Contractor may rely are none.

D. Contractor may examine copies of reports identified in SC 5.03.C that were not included with the Bidding Documents at CH2M HILL/AE2S during regular business hours, or may download copies from Quest.


SC-6.03 Contractor’s Liability Insurance

SC 6.03.K Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:

State: North Dakota Statutory

00_C-800 Supplementary Conditions/WP-43D.3.A Page 1

2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions:

General Aggregate $ 2,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Bodily Injury:

Each person $ 1,000,000

Each accident $ 1,000,000

Property Damage:

Each accident $ 1,000,000

Combined Single $ 2,000,000

4. Excess or Umbrella Liability:

Per Occurrence $ 5,000,000

General Aggregate $ 5,000,000

5. Contractor’s Pollution Liability:

Contractor is not required to provide Contractor’s Pollution Liability insurance under this Contract

SC-6.05.A.1 Add the following new subparagraph after subparagraph 6.05.A.1:

a. In addition to Owner, Contractor, and all Subcontractors, include as insureds the following:

Metro Flood Diversion Authority 211 Ninth Street South, Box 2806 Fargo, ND 58108-2806

Houston-Moore Group, LLC 925 10th Avenue East West Fargo, ND 58078

CH2M HILL Engineers, Inc. 9191 S. Jamaica St. Englewood, CO 80112

Advanced Engineering & Environmental Services 3170 43rd Street South Suite 100 Fargo, ND 58104

State of North Dakota 600 East Boulevard Avenue Bismarck, ND 58505-0001


SC-6.03.L Insurance Coverages

A. The insurance coverages listed below must meet the following additional requirements:

1. Any deductible or self-insured retention amount or other similar obligation under the policies will be Contractor’s sole responsibility.

2. The policies must be from insurers rated “A-“ or better by A.M. Best Company, Inc.

3. All policies will name Contractor as the insured and Owner, the District Authority, the State of North Dakota, HMG, CH2M HILL and AE2S as additional insured parties.

4. Contractor’s policies will be primary and noncontributory regarding any other insurance available to Owner, the Diversion Authority, the State of North Dakota, HMG, CH2M HILL and AE2S as additional insured parties.

5. Contractor’s policies must each contain a “waiver of subrogation” that waives any right to recovery any of Contractor’s insurance companies might have against the Owner, the Diversion Authority, the State of North Dakota, HMG, CH2M HILL and AE2S.

6. Contractor’s policies must each contain a provision that the policies and any endorsements may not be cancelled or modified without 30 days prior written notice to the Owner, the Diversion Authority, the State of North Dakota, HMG, CH2M HILL and AE2S.

7. Contractor’s policies, either in the policies or in endorsements, must each contain a provision that Contractor’s insolvency or bankruptcy will not release the insurer from payment under the policy, even when Contractor’s insolvency or bankruptcy prevents Contractor’s from meeting the retention limit under the policy.

8. Contractor’s policies, either in policies or in endorsements, must contain cross liability/severability of interests, to ensure that all additional insured parties are covered as if they were all separately covered.

9. Contractor’s policies, either in the policies or in endorsements, must contain a provision that the legal defense provided to the Owner, the Diversion Authority, the State of North Dakota, HMG, CH2M HILL and AE2S must be free of any conflicts of interest, even if retention of separate legal counsel is necessary.

10. Contractor’s policies, either in the policies or in endorsements, must contain a provision that any attorney who represents the State of North Dakota must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08.

11. Contractor’s policies, will not limit in any way Contractor’s duties to defend, indemnify, and hold harmless Owner, the Diversion Authority and the State of North Dakota, and those parties’ officers, employees, agents, consultants, subcontractors, and representatives.

Before commencing the construction services under this Agreement, Contractor will deliver to Owner copies of the insurance policies and endorsements required under this Agreement, and will otherwise provide all requisite evidence that the insurance required under this Agreement is in full force and effect. Contractor’s duties to release, defend, indemnify, protect and hold harmless Owner, the Diversion Authority, the State of North Dakota, and those parties’ officers, agents, representatives, employees, or contractors include anything in excess of the minimum insurance requirements described above. Owner’s receipt of any certificates, policies, or endorsements required under this Agreement will not in any way affect


Contractor’s duties and obligations to maintain the insurance required under this Agreement. Contractor’s will ensure that any and all Contractor’s contractors and subcontractors purchase and maintain the same insurance with the same conditions and terms required of Contractor under this Agreement.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC-7.02.B. Replace Paragraph 7.02.B in its entirety with the following:

1. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor may perform Work 5 days a week, excluding Saturday, Sunday, or any legal holiday. Regular working hours will be 7:00 a.m. to 7:00 p.m. Contractor may perform Work outside regular working hours with Owner’s written consent, which will not be unreasonably withheld.

END OF SECTION


PART 3

SPECIFICATIONS

SECTION 01 11 00 SUMMARY OF WORK

PART 1 GENERAL

1.01 WORK COVERED BY CONTRACT DOCUMENTS

A. The completed Work will provide Owner with excavation, wick drains, sand blanket, surcharge material, tree removal, instrument installation, and other associated components in Cass County, North Dakota.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF SECTION

PW/WBG/435534/WP-43D.3.A SUMMARY OF WORK JULY 22, 2014 01 11 00 - 1

SECTION 01 14 13 ACCESS TO SITE

PART 1 GENERAL

1.01 GENERAL

A. Owner has worked with property owners, both public and private, to understand the conditions of ingress and egress, security issues, and property control and protection issues regarding the property. Abide by established mutually agreeable conditions of access between Owner and property owners as provided for herein.

B. Provide signs at gates and access points notifying individuals that specific conditions of entry exist. Clearly mark the temporary construction easement and work limit boundaries throughout construction. Provide necessary fencing to protect pets, or public from construction activities until substantial completion.

C. Grant access to enter the Site only to those individuals that have a legitimate work related need to access the property.


PART 3 EXECUTION

3.01 ACCESS

A. Construction Access Traffic Control: Comply with the access locations shown on the Drawings.

1. Provide Hwy 81 property access drive at location shown on plans for access to the project site. Construct per Cass County Highway Department permit requirements.

B. Haul Routes:

1. Maintain roads used as haul roads during construction such that they are passable by the motoring public except when identified in an approved Traffic Control Plan.

2. Comply with the Cass County and ND DOT standards for road rehabilitation and maintenance work on roads used as haul roads.

END OF SECTION

PW/WBG/435534/WP-43D.3.A ACCESS TO SITE JULY 22, 2014 01 14 13 - 1

SECTION 01 22 13 MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.01 SUBMITTALS

A. Applications for Payment.

B. Final Application for Payment.

1.02 APPLICATION FOR PAYMENT

A. Use Application for Payment form provided as a Supplement to this Section. Execute certification by an authorized officer of Contractor.

B. Preparation:

1. Round values to nearest dollar. 2. Include separate line item for each Change Order executed prior to date

of submission. 3. Provide further breakdown of such as requested by Owner’s

Representative.

1.03 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS

A. Payment will not be made for following:

1. Loading, hauling, and disposing of rejected material. 2. Quantities of material wasted or disposed of in manner not called for

under Contract Documents. 3. Rejected loads of material, including material rejected after it has been

placed by reason of failure of Contractor to conform to provisions of Contract Documents.

4. Material not unloaded from transporting vehicle. 5. Defective Work not accepted by Owner. 6. Material remaining on hand after completion of Work.

1.04 MEASUREMENT—GENERAL

A. If the quantity of a unit priced item varies by more than 20 percent above or below the quantity indicated in the Schedule of Unit Prices, and this variance in price causes the total Contract Price to vary by more than 5 percent of the total Contract amount, the Contractor, Owner’s Representative, or Owner may request an equitable adjustment in the unit price of the item. The requesting party shall provide documentation as to why the cost should be adjusted and

PW/WBG/435534/WP-43D.3.A MEASUREMENT AND PAYMENT JULY 22, 2014 01 22 13 - 1

by how much. If the other parties deny the adjustment the requesting party may file a claim under the Contract Agreement as applicable.

1.05 MEASUREMENT BY WEIGHT

A. Materials paid for by weight will be measured by weighing each truck load on an approved scale before being placed in the work. Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall be sensitive to a change in load of 0.2 percent throughout the range of the scale. The scale's accuracy shall conform to the applicable requirements of NIST HB 44 and shall be certified by a scale servicing company or by an inspector of the State Inspection Bureau. Each load shall be accompanied by a delivery ticket certified by the weighmaster. Furnish delivery tickets to the Owner’s Representative. As a minimum, each ticket shall contain the following information:

1. Date and time. 2. Vehicle number. 3. Gross weight. 4. Vehicle tare weight. 5. Net weight. 6. Signature of weighmaster. 7. Signature of Contractor's receiver.

B. Weigh vehicles empty used to haul material being paid for by weight daily with full fuel tanks and at such additional times as required by Owner’s Representative. Each vehicle shall bear a plainly legible identification mark.

C. Materials that are specified for measurement by cubic yard will be measured in place.

D. Units of measure shown on Bid Form to be as follows, unless specified otherwise.

Item Method of Measurement CY Cubic Yards—Field Measure of volume by Owner’s

Representative LF Linear Foot—Field Measure by Owner’s Representative

to the nearest whole foot or calculated from horizontal stationing shown on the Drawings.

LS Lump Sum—Unit is one; no measurement will be made SY Square Yards—Field Measure of area by Owner’s

Representative TN Ton—In vehicle weight by delivery ticket

MEASUREMENT AND PAYMENT PW/WBG/435534/WP-43D.3.A 01 22 13 - 2 JULY 22, 2014

E. Work Item Descriptions: Work item descriptions are provided below for the work items listed in Bid Form. The price bid for each work item shall cover costs in connection with the Work, including furnishing labor, materials, equipment, supplies, and appurtenances; providing construction plant equipment and tools; performing necessary labor and supervision to fully complete the Work as described and specified in the Contract Documents; and overhead and profit. Related work not specifically identified in the work item descriptions is considered incidental and a subsidiary obligation of the Contractor and costs in connection therewith shall be included in the price bid for work items. Typical incidental items may include, but are not limited to, construction administration, communications, and coordination with Owner, Owner’s Representative, land owners, regulatory agencies, and other stakeholders, and quality control.

No. Item Description Payment

0001 Mobilization (LS)

Includes costs associated with preparatory work and operations, including: movement of personnel, equipment, and supplies, establishment of offices, Contractor’s buildings, facilities necessary for work on the Project, costs associated with obtaining bid, performance, and payment bonds in accordance with the contract requirements; and other work and operations which must be performed, or costs incurred, before beginning work on the Project site. Incidentals, including stripping, topsoil spreading, maintenance of the haul road during construction, haul road ramps to tie into County Road 81, and restoration of haul road to pre-project conditions, shall be included in the bid price.

Payment shall be made at completion of first full month after Notice to Proceed.


No. Item Description Payment

0002 Stripping (SY) Includes furnishing materials, equipment, labor and performing operations necessary to complete stripping operations as shown and specified. Work shall include, but not be limited to, stripping vegetation, topsoil, and organic material within the stripping limits as shown on the drawings, stockpiling of topsoil for reuse, and disposal. Except for authorized overexcavation, materials removed outside the limits shown will not be measured for payment.

Payment will be made by the square yard (SY) within the stripping limits as shown on the Drawings.

0003 Sand Drainage Blanket (TN)

Includes furnishing materials, equipment, labor and performing operations necessary for placing sand drainage blanket of the specified gradations, as shown and within the tolerances specified. Work shall include, but not be limited to, obtaining, hauling, and final placement of sand drainage blanket.

Payment will be made by the ton (TN) (2,000 pounds avoirdupois). Quantities will be computed to the nearest whole ton.

0004 Excavation – Surcharge Fill

(CY)

Includes furnishing materials, equipment, labor and performing operations necessary for excavation, placement, compaction of fill, and removal as shown and specified.

Payment will be made by the cubic yard (CY) and quantities shall be determined by the volume method. The basis for payment will be the difference between (1) survey of borrow areas taken after clearing, grubbing, and stripping operations are complete and (2) survey of the borrow areas after completion of the excavation.

0005 Prefabricated Vertical Drains

(LF)

Includes furnishing materials, equipment, labor and performing operations necessary for constructing prefabricated vertical drains as shown and specified.

Payment will be made by the linear foot (LF) of prefabricated drain installed.


No. Item Description Payment 0006 Instrumentation

Installation (LS)

Includes furnishing materials, equipment, labor and performing operations necessary for installing VW piezometers and settlement plates and assisting with installation of settlement cells as specified.

Payment will be made on completion of installation of all instrumentation

0007 Care of Water (LS)

Includes furnishing materials, equipment, labor and performing operations necessary for Care of Water measures required for this project. Work shall include, but is not limited to, construction site water management facilities, removal of water from within project excavations, management of surface water drainage, and maintenance and operation of these features.

Payment shall be made based on the percentage of the contract time elapsed at the time of payment application.

0008 Health and Safety (LS)

Lump Sum Price bid includes labor, equipment, and materials necessary to prepare, implement, and monitor the Health and Safety Plan and prepare required monitoring reports.

Payment will be made based on percentage of Contract Time elapsed at the time of Payment Application

0009 Work Limit Fencing

(Orange Safety Fence) (LF)

Unit Price bid includes costs for furnishing, installing, maintaining, and removing work limit orange safety fencing and associated gates as indicated, complete.

Payment will be based on the linear feet installed along Work Limit boundary, not on additional fencing required for maintenance, repair, or replacement.

0010 Clearing and Grubbing (LS)

Clearing and grubbing includes, but is not limited to, preparation of areas scheduled for construction of structures, excavations, levees and road raises. Debris shall be removed from the site and disposed of properly. All incidentals required to complete the work shall be included in the bid price. No allowances will be made for clearing and grubbing outside the limits of construction unless authorized.

Payment will be made for furnishing all materials, equipment, labor and performing all operations necessary to complete Clearing and Grubbing operations as shown and specified.




END OF SECTION


Contractor's Application for Payment No.Application Application Date:

Period:

To From (Contractor): Via (Owner's Representat

(Owner):

Project: Contract:

Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:

1. ORIGINAL CONTRACT PRICE........................................................... $

2. Net change by Change Orders.................................................................. $

3. Current Contract Price (Line 1 ± 2)........................................................ $

4. TOTAL COMPLETED AND STORED TO DATE

(Column F total on Progress Estimates).................................................. $

5. RETAINAGE:

a. X Work Completed.......... $

b. X Stored Material............ $

c. Total Retainage (Line 5.a + Line 5.b)............................. $

6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)............................ $

7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $

8. AMOUNT DUE THIS APPLICATION.................................................. $

9. BALANCE TO FINISH, PLUS RETAINAGE

(Column G total on Progress Estimates + Line 5.c above)..................... $

Contractor's Certification

Payment of: $

is recommended by:

Payment of: $

Contractor Signature

By: Date:

is approved by:

Approved Change Orders

Application For Payment

Change Order Summary

AdditionsNumber Deductions

(Line 8 or other - attach explanation of the other amount)

TOTALS

(Line 8 or other - attach explanation of the other amount)

(Date)

CHANGE ORDERS

(Date)(Owner's Representative)

(Owner)

NET CHANGE BY

The undersigned Contractor certifies, to the best of its knowledge, the following:(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment;(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

PW/WBG/435534/WP-43D.3.A Page 1 of 1

SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES

PART 1 GENERAL

1.01 PROPOSAL REQUESTS

A. Owner or Owner’s Representative may, in anticipation of ordering an addition, deletion, or revision to the Work, request Contractor to prepare a detailed proposal of cost and times to perform contemplated change.

B. Proposal request will include reference number for tracking purposes and detailed description of and reason for proposed change, and such additional information as appropriate and as may be required for Contractor to accurately estimate cost and time impact on Project.

C. Proposal request is for information only; Contractor is neither authorized to execute proposed change nor to stop Work in progress as result of such request.

D. Transmit Contractor’s written proposal to Owner’s Representative not later than 14 days after Contractor’s receipt of Owner’s or Owner’s Representative’s written request. Proposal shall remain firm for a maximum period of 45 days after receipt by Owner’s Representative.

E. Owner’s or Owner’s Representative’s request for proposal or Contractor’s failure to submit such proposal within the required time period will not justify a Claim for an adjustment in Contract Price or Contract Times (or Milestones).

1.02 CLAIMS

A. Include, at a minimum:

1. Specific references including (i) Drawing numbers, (ii) Specification section and article/paragraph number, and (iii) Submittal type, Submittal number, date reviewed, Owner’s Representative’s or Engineer’s comments, as applicable, with appropriate attachments.

2. Stipulated facts and pertinent documents, including photographs and statements.

3. Interpretations relied upon. 4. Description of (i) nature and extent of Claim, (ii) who or what caused

the situation, (iii) impact to the Work and work of others, and (iv) discussion of claimant’s justification for requesting a change to price or times or both.

5. Estimated adjustment in price claimant believes it is entitled to with full documentation and justification.

PW/WBG/435534/WP-43D.3.A CONTRACT MODIFICATION JULY 22, 2014 PROCEDURES 01 26 00 - 1

6. Requested Change in Contract Times: Include at least (i) Progress Schedule documentation showing logic diagram for request, (ii) documentation that float times available for Work have been used, and (iii) revised activity logic with durations including sub-network logic revisions, duration changes, and other interrelated schedule impacts, as appropriate.

7. Documentation as may be necessary as set forth below for Work Change Directive, and as Engineer may otherwise require.

1.03 WORK CHANGE DIRECTIVES

A. Procedures:

1. Owner’s Representative will: a. Initiate, including a description of the Work involved and any

attachments. b. Affix signature, demonstrating Owner’s Representative’s

recommendation. c. Transmit to Owner for authorization.

2. Owner will: a. Affix signature, demonstrating approval of the changes involved. b. Return to Owner’s Representative, who will forward to

Contractor. 3. Upon completion of Work covered by the Work Change Directive or

when final Contract Times and Contract Price are determined, submit documentation for inclusion in a Change Order.

4. Include: a. Appropriately detailed records of Work performed to enable

determination of value of the Work. b. Information required to substantiate resulting change in Contract

Times and Contract Price for Work. On request of Owner’s Representative, provide additional data necessary to support documentation.

c. Support data for Work performed on a Unit Price or Cost of the Work basis with additional information such as: 1) Dates Work was performed, and by whom. 2) Time records, wage rates paid, and equipment rental rates. 3) Invoices and receipts for materials, equipment, and

subcontracts, all similarly documented.

B. Effective Date of Work Change Directive: Date of signature by Owner, unless otherwise indicated thereon.

CONTRACT MODIFICATION PW/WBG/435534/WP-43D.3.A PROCEDURES JULY 22, 2014 01 26 00 - 2

1.04 CHANGE ORDERS

A. Procedure:

1. Owner’s Representative will prepare proposed Change Order and transmit such with Owner’s Representative’s written recommendation and request to Contractor for signature.

2. Upon receipt, either: sign or return unsigned with written justification for not executing Change Order.

3. Owner’s Representative will, upon receipt of Contractor signed copies, forward Owner’s Representative’s written recommendation and partially executed copies for Owner’s signature, or if Contractor fails to execute the Change Order, Owner’s Representative will notify Owner and transmit Contractor’s justification to Owner.

4. Upon receipt of Contractor-executed Change Order, Owner will either: a. Execute Change Order or b. Return to Owner’s Representative unsigned copies with written

justification for not executing Change Order. 5. Upon receipt of Owner-executed Change Order, Owner’s

Representative will transmit signed copy to Contractor, or if Owner fails to execute the Change Order, Owner’s Representative will so notify Contractor and transmit Owner’s justification to Contractor.

6. Upon receipt of Owner-executed Change Order: a. Perform Work covered by Change Order. b. Revise Schedule of Values to adjust Contract Price and submit

with next Application for Payment. c. Revise Progress Schedule to reflect changes in Contract Times, if

any, and to adjust times for other items of Work affected by change.

d. Enter changes in Project record documents after completion of change related Work.

B. In signing a Change Order, Owner and Contractor acknowledge and agree that:

1. Stipulated compensation (Contract Price or Contract Times, or both) set forth includes payment for (i) the Cost of the Work covered by the Change Order, (ii) Contractor’s fee for overhead and profit, (iii) interruption of Progress Schedule, (iv) delay and impact, including cumulative impact, on other Work under the Contract Documents, and (v) extended overheads.

2. Change Order constitutes full mutual accord and satisfaction for the change to the Work.

3. Unless otherwise stated in the Change Order, all requirements of the original Contract Documents apply to the Work covered by the Change Order.


1.05 COST OF THE WORK

A. In determining the supplemental costs allowed in Paragraph 13.01.A.5 of the General Conditions for rental equipment and machinery, the following will apply.

B. Rental of construction equipment and machinery and the parts thereof having a replacement value in excess of $1,000, whether owned by Contractor or rented or leased from others, shall meet the following requirements:

1. Full rental costs for leased equipment shall not exceed rates listed in the Rental Rate Blue Book published by Equipment Watch, as adjusted to the regional area of the Project. Owned equipment costs shall not exceed the single shift rates established in the Cost Reference Guide (CRG) published by Equipment Watch. The most recent published edition in effect at commencement of actual equipment use shall be used.

2. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by Owner’s Representative or accepted at reduced rates.

3. Leased Equipment: For equipment leased or rented in arm’s length transactions from outside vendors, maximum rates shall be determined by the following actual usage/Payment Category: a. Less than 8 hours: Hourly rate. b. 8 or more hours but less than 7 days: Daily rate. c. 7 or more days but less than 30 days: Weekly rate. d. 30 days or more: Monthly rate.

4. Arm’s length rental and lease transactions are those in which the firm involved in the rental or lease of equipment is not associated with, owned by, have common management, directorship, facilities and/or stockholders with the firm renting the equipment.

5. Financial arrangements associated with rental and lease transactions that provide Contractor remuneration or discounts not visible to the Owner must be disclosed and integrated with charged rates.

6. Leased Equipment in Use: Actual equipment use time documented by Owner’s Representative shall be the basis that equipment was on and utilized at the Project Site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated hourly operating cost rate set forth in the Rental Rate Blue Book if not already included in the lease rate. Hours of operation shall be based upon actual equipment usage to the nearest quarter hour, as recorded by Owner’s Representative.


7. Leased Equipment, When Idle (Standby): Idle or standby equipment is equipment onsite or in transit to and from the Work Site and necessary to perform the Work under the modification, but not in actual use. Idle equipment time, as documented by Owner’s Representative, shall be paid at the leasing rate determined above, excluding operational costs.

8. Owned and Other Equipment in Use: Equipment rates for owned equipment or equipment provided in other than arm’s length transaction shall not exceed the single shift total hourly costs rate developed in accordance with the CRG and as modified herein for multiple shifts. This total hourly rate will be paid for each hour the equipment actually performs work. Hours of operation shall be based upon actual equipment usage as recorded by Owner’s Representative. This rate shall represent payment in full for Contractor’s direct costs.

9. Owned and Other Equipment, When Idle (Standby): Equipment necessary to be onsite to perform the Work on single shift operations, but not utilized, shall be paid for at the ownership hourly expense rate developed in accordance with the CRG, provided its presence and necessity onsite has been documented by Owner’s Representative. Payment for idle time of portions of a normal workday, in conjunction with original contract Work, will not be allowed. In no event shall idle time claimed in a day for a particular piece of equipment exceed the normal Work or shift schedule established for the Project. It is agreed that this rate shall represent payment in full for Contractor’s direct costs. When Owner’s Representative determines that the equipment is not needed to continuously remain at the Work Site, payment will be limited to actual hours in use.

10. Owned and Other Equipment, Multiple Shifts: For multiple shift operations, the CRG single shift total hourly costs rate shall apply to the operating equipment during the first shift. For subsequent shifts, up to two in a 24-hour day, operating rate shall be the sum of the total hourly CRG operating cost and 60 percent of the CRG ownership and overhaul expense. Payment for idle or standby time for second and third shifts shall be 20 percent of the CRG ownership and overhaul expense.

11. When necessary to obtain owned equipment from sources beyond the Project limits, the actual cost to transfer equipment to the Site and return it to its original location will be allowed as an additional item of expense. Move-in and move-out allowances will not be made for equipment brought to the Project if the equipment is also used on original Contract or related Work.

12. If the move-out destination is not to the original location, payment for move-out will not exceed payment for move-in.


13. If move is made by common carrier, the allowance will be the amount paid for the freight. If equipment is hauled with Contractor’s own forces, rental will be allowed for the hauling unit plus the hauling unit operator’s wage. If equipment is transferred under its own power, the rental will be 75 percent of the appropriate total hourly costs for the equipment, without attachments, plus the equipment operator’s wage.

14. Charges for time utilized in servicing equipment to ready it for use prior to moving and similar charges will not be allowed.

15. When a breakdown occurs on any piece of owned equipment, payment shall cease for that equipment and any other owned equipment idled by the breakdown.

16. If any part of the Work is shut down by Owner, standby time will be paid during nonoperating hours if diversion of equipment to other Work is not practicable. Owner’s Representative reserves the right to cease standby time payment when an extended shutdown is anticipated.

17. If a rate has not been established in the CRG for owned equipment, Contractor may: a. If approved by Owner’s Representative, use the rate of the most

similar model found, considering such characteristics as manufacturer, capacity, horsepower, age, and fuel type, or

b. Request Equipment Watch to furnish a written response for a rate on the equipment, which shall be presented to Engineer for approval; or

c. Request Owner’s Representative to establish a rate.

1.06 FIELD ORDER

A. Owner’s Representative will issue Field Orders.

B. Effective date of the Field Order shall be the date of signature by Owner’s Representative, unless otherwise indicated thereon.

C. Acknowledge receipt by signing and dating.

D. Field Orders will be incorporated into subsequent Change Orders, as a no-cost change to the Contract.

1.07 REQUEST FOR INFORMATION (RFI)

A. Use to obtain a clarification or interpretation of the intent of the Contract Documents.

B. The RFI only provides information/clarification and does not change the Contract Documents.


C. If the RFI response requires a change to the Contract Documents, a Work Change Directive, Change Proposal, Change Order, or Field Order will be issued.



END OF SECTION


SECTION 01 31 13 PROJECT COORDINATION

PART 1 GENERAL

1.01 SUBMITTALS

A. Informational:

1. Statement of Qualification (SOQ) for land surveyor or civil engineer. 2. Statement of Qualification (SOQ) for professional photographer and

videographer. 3. Photographs:

a. Digital Images: Submit two copies of DVDs containing images within 5 days of being taken.

b. Video Recordings: Submit two copies of DVDs, including updated copy of project video log, within 5 days of being taken.

1.02 UTILITY NOTIFICATION AND COORDINATION

A. Coordinate the Work with various utilities within Project limits. Notify applicable utilities prior to commencing Work, if damage occurs, or if conflicts or emergencies arise during the Work.

1. Electric Company: a. Cass County Electric Company:

1) Contact Person: Daryl Brandt a) Telephone: (701) 356-4476 b) Email: [email protected]

2) Contact Person: Jodi Bullinger a) Telephone: (701) 356-4475 b) Email: [email protected]

3) Contact Person: Troy Knutson a) Telephone: (701) 356-4542 b) Email: [email protected]

2. Communications: a. Sprint:

1) Contact Person: Dan Hilliard a) Telephone: (612) 414-2089 b) Email: [email protected]

b. Midcontinent Communications: 1) Contact Person: Steve Mohr

a) Telephone: (605) 201-1471 b) Email: [email protected]

2) Contact Person: Ron Deutz a) Telephone: (701) 212-5683 b) Email: [email protected]

PW/WBG/435534/WP-43D.3.A PROJECT COORDINATION JULY 22, 2014 01 31 13 - 1






3) Contact Person: Jodi Rapp a) Telephone: (701) 532-2030 b) Email: [email protected]

3. Water: a. Cass Rural Water Users

1) Contact Person: Jerry Blomeke a) Telephone: (701) 428-3139 b) Email: [email protected]

4. City Utilities: a. City of Fargo

1) Contact Person: Andrew Aakre a) Telephone: (701) 499-5887 b) Email: [email protected]

2) Contact Person: Brenda Derrig a) Telephone: (701) 241-1549 b) Email: [email protected]

1.03 ADJACENT FACILITIES AND PROPERTIES

A. Examination:

1. After Effective Date of the Agreement and before Work at Site is started, Contractor, Owner’s Representative, and affected property owners and utility owners shall make an examination of pre-existing conditions including existing buildings, structures, and other improvements in vicinity of Work, as applicable, which could be damaged by construction operations.

2. Record and submit three copies documenting observations made on examination inspections in accordance with Article Construction Photographs and Article Audio-Video Recordings.

3. Upon receipt, Owner’s Representative will review, sign, and return one record copy of documentation to Contractor, and retain two copies.

4. Such documentation shall be used as indisputable evidence in ascertaining whether and to what extent damage occurred as a result of Contractor’s operations, and is for the protection of adjacent property owners, Contractor, and Owner.

1.04 REFERENCE POINTS AND SURVEYS

A. Owner’s Responsibilities:

1. Establish bench marks, horizontal reference points, and coordinate system for Contractor’s use as necessary to lay out Work.

2. Survey for as-built and record drawings.

B. Location and elevation of bench marks and other reference points are shown on Drawings.

PROJECT COORDINATION PW/WBG/435534/WP-43D.3.A 01 31 13 - 2 JULY 22, 2014





C. Contractor’s Responsibilities:

1. Provide survey and layout required to layout the Work. 2. Check and establish exact location of existing facilities prior to

construction of new facilities and any connections thereto. 3. In event of discrepancy in data or staking, request clarification before

proceeding with Work. 4. Retain professional land surveyor or civil engineer registered in North

Dakota who shall perform or supervise engineering surveying necessary for construction staking and layout.

5. On request of Owner’s Representative, submit documentation. 6. Provide access and assistance as Owner’s Representative may be

required to check layout, survey, and/or other work for record documentation.


PART 3 EXECUTION

3.01 CONSTRUCTION PHOTOGRAPHS

A. Photographically document the phases of the project including pre-existing conditions, construction progress post-construction, and post-revegetation conditions.

B. Photography:

1. Photographer: Professional commercial photographer, experienced in shooting interior/exterior construction photos, in daylight and nighttime conditions, and in good and inclement weather.

2. Camera: Digital SLR, minimum sensor size 36.0 mm by 23.9 mm. 3. Format: JPEG, minimum resolution 4,256 by 2,832 pixels.

C. Consult with Owner’s Representative on the subject matter and vantage point from which photographs are to be taken.

D. Preconstruction, Post-Construction, and Post-Revegetation:

1. After Effective Date of the Agreement and before Work at Site is started, and again upon issuance of Substantial Completion, take a minimum of 20 photographs of the Construction Site and property adjacent to the perimeter of Construction Site to fully represent and document pre-construction and post-construction conditions.

2. Direct the emphasis of photographs to facilities both inside and outside the Site.

3. Prior to Final Completion, photographically demonstrate revegetation.


E. Construction Progress Photos:

1. Photographically demonstrate progress of construction, showing Site and adjacent properties.

2. Weekly: Minimum of 10 photographs. 3. Electronically display the month, day, year, and time of the photograph.

F. Digital Images:

1. Archive using a commercially available photo management system as directed by Owner’s Representative.

2. CD or DVD Label: a. Consolidation for Pump Station Gatewell. b. Photos. c. CD or DVD number (numbered sequentially, beginning with

WP-43D.3.A-001). d. Project Name: WP-043D.3.A. e. Applicable location by engineering stationing. f. Date and time of coverage. g. Parcel number and property owner.

3.02 AUDIO-VIDEO RECORDINGS

A. Pre-Construction and Post-Construction Audio Video Recordings:

1. Prior to beginning Work on Construction Site or of a particular area of the Work, and again within 10 days following date of Substantial Completion, video photograph Construction Site and property adjacent to Construction Site.

2. Direct the emphasis of the video to physical condition of existing vegetation, structures, and pavements within the alignment, along authorized haul routes and access roads, and areas adjacent to and within the right-of-way or easement, and Contractor storage and staging areas.

B. Post-Revegetation Audio Video Recordings:

1. Within 10 days following the determination of a satisfactory stand, video photograph the Construction Site.

2. Direct the emphasis of the video to physical condition of revegetation within the alignment, and Contractor storage and staging areas.

C. In the case of preconstruction recording, do not begin Work in the area prior to Owner’s Representative’s review and approval of content and quality of video for that area.

D. Consult with Owner’s Representative subject matter and vantage point from which video recordings are taken.

PROJECT COORDINATION PW/WBG/435534/WP-43D.3.A 01 31 13 - 4 JULY 22, 2014

E. Video recording will be by a professional commercial videographer, experienced in shooting exterior and interior construction videos, in both good and inclement weather.

F. Video Format and Quality:

1. MPEG-2 or MPEG-4 format or approved equal, with sound. 2. Video:

a. 1080 line High Definition Video (HDV). b. Electronically display the month, day, year, and time of the

recording. c. Playable on standard compatible DVD players.

3. Audio: a. Audio documentation shall be clear, precise, and at a moderate

pace. b. Indicate date, project name, and a brief description of the location

of taping, including: 1) Facility name. 2) Street names or easements. 3) Addresses of private property. 4) Direction of coverage, including engineering stationing, if

applicable. 4. Documentation:

a. DVD Label: 1) Consolidation for Pump Station Gatewell. 2) Video. 3) DVD number (numbered sequentially, beginning with

WP-43D.3.A – 001). 4) Project name – WP-43D.3.A. 5) Name of street(s) or easement(s) included. 6) Applicable location by engineering stationing. 7) Date and time of coverage. 8) Parcel number and property owner.

G. Project Video Log: Maintain an ongoing log that incorporates above noted label information for DVDs on Project.

END OF SECTION


SECTION 01 31 19 PROJECT MEETINGS

PART 1 GENERAL

1.01 GENERAL

A. Owner’s Representative will schedule physical arrangements for meetings throughout progress of the Work, prepare meeting agenda with regular participant input and distribute with written notice of each meeting, preside at meetings, record minutes to include significant proceedings and decisions, and reproduce and distribute copies of minutes within 5 days after each meeting to participants and parties affected by meeting decisions.

1.02 PRECONSTRUCTION CONFERENCE

A. Be prepared to discuss the following subjects, as a minimum:

1. Required schedules. 2. Status of Bonds and insurance. 3. Sequencing of critical path work items. 4. Progress payment procedures. 5. Project changes and clarification procedures. 6. Use of Site, access, office and storage areas, security and temporary

facilities. 7. Major product delivery and priorities. 8. Contractor’s safety plan and representative.

B. Attendees will include:

1. Owner’s representatives. 2. Contractor’s office representative. 3. Contractor’s resident superintendent. 4. Contractor’s quality control representative. 5. Subcontractors’ representatives whom Contractor may desire or

Engineer may request to attend. 6. Owner’s Representative’s representatives. 7. Engineer’s representatives. 8. Others as appropriate.

1.03 PRELIMINARY SCHEDULES REVIEW MEETING

A. As set forth in General Conditions and Section 01 32 00, Construction Progress Documentation.

PW/WBG/435534/WP-43D.3.A PROJECT MEETINGS JULY 22, 2014 01 31 19 - 1

1.04 PROGRESS MEETINGS

A. Owner’s Representative will schedule regular progress meetings at or near Site, conducted weekly to review the Work progress, Progress Schedule, Schedule of Submittals, Application for Payment, contract modifications, and other matters needing discussion and resolution.

B. Attendees will include:

1. Owner’s representative(s), as appropriate. 2. Owner’s representative’s representatives. 3. Contractor’s representatives. 4. Subcontractors and Suppliers, as appropriate. 5. Engineer’s representative(s), as appropriate. 6. Others as appropriate.

1.05 QUALITY CONTROL MEETINGS

A. In accordance with Section 01 45 16.13, Contractor Quality Control.

1.06 OTHER MEETINGS

A. In accordance with Contract Documents and as may be required by Owner and Owner’s Representative.



END OF SECTION

PROJECT MEETINGS PW/WBG/435534/WP-43D.3.A 01 31 19 - 2 JULY 22, 2014

SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 GENERAL

1.01 SUBMITTALS

A. Informational Submittals:

1. Preliminary Progress Schedule: Submit within time specified in paragraph 2.05 of the General Conditions.

1.02 PRELIMINARY PROGRESS SCHEDULE

A. Show activities including, but not limited to the following:

1. Notice to Proceed. 2. Permits. 3. Mobilization. 4. Initial Site work. 5. Major work activities. 6. Substantial and Final Completion Dates. 7. Project close-out summary. 8. Demobilization summary.

B. Format: Gantt Chart.

1.03 DETAILED PROGRESS SCHEDULE

A. In addition to requirements of General Conditions, submit Detailed Progress Schedule beginning with Notice to Proceed and continuing through Final Completion.

B. Show the duration and sequences of activities required for complete performance of the Work reflecting means and methods chosen by Contractor.

C. When accepted by Owner’s Representative, Detailed Progress Schedule will replace Preliminary Progress Schedule and become Baseline Schedule. Subsequent revisions will be considered as Updated Progress Schedules.

D. Format: Gantt Chart.

E. Update monthly to reflect actual progress and occurrences to date, including weather delays.

1.04 GANTT CHART

A. Plot or print on paper 11 inches by 17 inches, unless otherwise approved. PW/WBG/435534/WP-43D.3.A CONSTRUCTION PROGRESS JULY 22, 2014 DOCUMENTATION 01 32 00 - 1

B. Title Block: Show name of Project, Owner, date submitted, revision or update number, and the name of the scheduler. Updated schedules shall indicate data date.

C. Identify horizontally across top of schedule the time frame by year, month, and day.

D. Identify each activity with a unique number and a brief description of the Work associated with that activity.

E. Plot activities on a time-scaled basis, with the length of each activity proportional to the current estimate of the duration.

F. Plot activities on an early start basis unless otherwise requested by Owner’s Representative.

G. Provide a legend to describe standard and special symbols used.

1.05 PROGRESS OF THE WORK

A. Updated Progress Schedule shall reflect:

1. Progress of Work to within 5 working days prior to submission. 2. Approved changes in Work scope and activities modified since

submission. 3. Delays in Submittals or resubmittals, deliveries, or Work. 4. Adjusted or modified sequences of Work. 5. Other identifiable changes. 6. Revised projections of progress and completion. 7. Report of changed logic.

B. If Contractor fails to complete activity by its latest scheduled completion date and this Failure is anticipated to extend Contract Times (or Milestones), Contractor shall, within 7 days of such failure, submit a written statement as to how Contractor intends to correct nonperformance and return to acceptable current Progress Schedule. Actions by Contractor to complete the Work within Contract Times (or Milestones) will not be justification for adjustment to Contract Price or Contract Times.

C. Owner may order Contractor to increase plant, equipment, labor force or working hours if Contractor fails to:

1. Complete a Milestone activity by its completion date. 2. Satisfactorily execute Work as necessary to prevent delay to overall

completion of Project.

CONSTRUCTION PROGRESS PW/WBG/435534/WP-43D.3.A DOCUMENTATION JULY 22, 2014 01 32 00 - 2

1.06 NARRATIVE PROGRESS REPORT

A. Format:

1. Organize same as Progress Schedule. 2. Identify, on cover, reporting period, date submitted, and name of author

of report.

B. Contents:

1. Number of days worked over the period, work force on hand, construction equipment on hand (including utility vehicles such as pickup trucks, maintenance vehicles, stake trucks).

2. General progress of Work, including a listing of activities started and completed over the reporting period, mobilization/demobilization of subcontractors, and major milestones achieved.

1.07 SCHEDULE ACCEPTANCE

A. Owner’s Representative’s acceptance will demonstrate agreement that:

1. Proposed schedule is accepted with respect to: a. Contract Times, including Final Completion and intermediate

Milestones are within the specified times. b. Specified Work sequences and constraints are shown as specified. c. Access restrictions are accurately reflected. d. Submittal review times are as specified.

B. Unacceptable Preliminary Progress Schedule:

1. Make requested corrections; resubmit within 10 days. 2. Until acceptable to Owner’s Representative as Baseline Progress

Schedule, continue review and revision process, during which time Contractor shall update schedule on a monthly basis to reflect actual progress and occurrences to date.

C. Unacceptable Detailed Progress Schedule:

1. Make requested corrections; resubmit within 10 days. 2. Until acceptable to Owner’s Representative as Baseline Progress

Schedule, continue review and revision process.

D. Narrative Report: Delineate changes to activity duration and sequences, including addition or deletion of activities subsequent to Owner’s Representative’s acceptance of Baseline Progress Schedule, in Narrative Report current with proposed Updated Progress Schedule.

PW/WBG/435534/WP-43D.3.A CONSTRUCTION PROGRESS JULY 22, 2014 DOCUMENTATION 01 32 00 - 3

1.08 ADJUSTMENT OF CONTRACT TIMES

A. Reference General Conditions and Section 01 26 00, Contract Modification Procedures.

B. Evaluation and reconciliation of Adjustments of Contract Times shall be based on the Updated Progress Schedule at the time of proposed adjustment or claimed delay.

C. Float:

1. Float time is a Project resource available to both parties to meet contract Milestones and Contract Times.

2. Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float-suppression techniques shall be shared to proportionate benefit of Owner and Contractor.

3. Pursuant to above float-sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts Project’s critical path, (ii) consumes available float or contingency time, and (iii) extends Work beyond contract completion date.

D. Claims Based on Contract Times:

1. Where Owner’s Representative has not yet rendered formal decision on Contractor’s Claim for adjustment of Contract Times, and parties are unable to agree as to amount of adjustment to be reflected in Progress Schedule, Contractor shall reflect an interim adjustment in the Progress Schedule as acceptable to Owner’s Representative.

2. It is understood and agreed that such interim acceptance will not be binding on either Contractor or Owner, and will be made only for the purpose of continuing to schedule Work until such time as formal decision has been rendered as to an adjustment, if any, of the Contract Times.

3. Contractor shall revise Progress Schedule prepared thereafter in accordance with Owner’s Representative’s formal decision.



END OF SECTION

CONSTRUCTION PROGRESS PW/WBG/435534/WP-43D.3.A DOCUMENTATION JULY 22, 2014 01 32 00 - 4

SECTION 01 33 00 SUBMITTAL PROCEDURES

PART 1 GENERAL

1.01 DEFINITIONS

A. Action Submittal: Written and graphic information submitted by Contractor that requires Engineer’s approval.

B. Informational Submittal: Information submitted by Contractor that requires Owner’s Representative’s review and determination that submitted information is in accordance with the Conditions of the Contract.

1.02 PROCEDURES

A. Submit submittals electronically to Owner’s Representative.

B. Electronic Submittals: Submittals shall, unless specifically accepted, be made in electronic format.

1. Each submittal shall be an electronic file in Adobe Acrobat Portable Document Format (PDF). Use the latest version available at time of execution of the Agreement.

2. Electronic files that contain more than 10 pages in PDF format shall contain internal bookmarking from an index page to major sections of the document.

3. PDF files shall be set to open “Bookmarks and Page” view. 4. Add general information to each PDF file, including title, subject,

author, and keywords. 5. PDF files shall be set up to print legibly at 8.5-inch by 11-inch, 11-inch

by 17-inch, or 22-inch by 34-inch. No other paper sizes will be accepted. 6. Submit new electronic files for each resubmittal. 7. Include a copy of the Transmittal of Contractor’s Submittal form,

located at end of section, with each electronic file. 8. Owner’s Representative will reject submittal that is not electronically

submitted, unless specifically accepted. 9. Provide Owner’s Representative with authorization to reproduce and

distribute each file as many times as necessary for Project documentation.

10. Detailed procedures for handling electronic submittals will be discussed at the preconstruction conference.

PW/WBG/435534/WP-43D.3.A SUBMITTAL PROCEDURES JULY 22, 2014 01 33 00 - 1

C. Transmittal of Submittal:

1. Review each submittal and check for compliance with Contract Documents.

2. Stamp each submittal with uniform approval stamp before submitting to Owner’s Representative. a. Stamp to include Project name, submittal number, Specification

number, Contractor’s reviewer name, date of Contractor’s approval, and statement certifying submittal has been reviewed, checked, and approved for compliance with Contract Documents.

b. Owner’s Representative will not review submittals that do not bear Contractor’s approval stamp and will return them without action.

3. Complete, sign, and transmit with each submittal package, one Transmittal of Contractor’s Submittal form attached at end of this section.

4. Identify each submittal with the following: a. Numbering and Tracking System:

1) Sequentially number each submittal. 2) Resubmission of submittal shall have original number with

sequential alphabetic suffix. b. Specification section and paragraph to which submittal applies. c. Project title and contract number. d. Date of transmittal. e. Names of Contractor, Subcontractor or Supplier, and manufacturer

as appropriate. 5. Identify and describe each deviation or variation from Contract

Documents.

D. Format:

1. Do not base Shop Drawings on reproductions of Contract Documents. 2. Package submittal information by individual specification section. Do

not combine different specification sections together in submittal package, unless otherwise directed in specification.

3. Present in a clear and thorough manner and in sufficient detail to show kind, size, arrangement, and function of components, materials, and devices, and compliance with Contract Documents.

4. Index with labeled tab dividers in orderly manner.

E. Timeliness: Schedule and submit in accordance Schedule of Submittals, and requirements of individual specification sections.

SUBMITTAL PROCEDURES PW/WBG/435534/WP-43D.3.A 01 33 00 - 2 JULY 22, 2014

F. Processing Time:

1. Time for review shall commence on Owner’s Representative’s receipt of submittal.

2. Owner’s Representative will act upon Contractor’s submittal and transmit response to Contractor not later than 30 days after receipt, unless otherwise specified.

3. Resubmittals will be subject to same review time. 4. No adjustment of Contract Times or Price will be allowed as a result of

delays in progress of Work caused by rejection and subsequent resubmittals.

G. Resubmittals: Clearly identify each correction or change made.

H. Incomplete Submittals:

1. Owner’s Representative will return entire submittal for Contractor’s revision if preliminary review deems it incomplete.

2. When any of the following are missing, submittal will be deemed incomplete: a. Contractor’s review stamp; completed and signed. b. Transmittal of Contractor’s Submittal; completed and signed.

I. Submittals not required by Contract Documents will not be reviewed and will be returned stamped “Not Subject to Review.”

1.03 ACTION SUBMITTALS

A. Prepare and submit Action Submittals required by individual specification sections.

B. Shop Drawings:

1. Identify and Indicate: a. Applicable Contract Drawing and Detail number, products, units

and assemblies, and system or equipment identification or tag numbers.

b. Equipment and Component Title: Identical to title shown on Drawings.

c. Critical field dimensions and relationships to other critical features of Work. Note dimensions established by field measurement.

d. Project-specific information drawn accurately to scale. 2. Manufacturer’s standard schematic drawings and diagrams as follows:

a. Modify to delete information that is not applicable to the Work. b. Supplement standard information to provide information

specifically applicable to the Work. 3. Product Data: Provide as specified in individual specifications.


C. Samples:

1. Two, unless otherwise specified in individual specifications. 2. Preparation: Mount, display, or package Samples in manner specified to

facilitate review of quality. Attach label on unexposed side that includes the following: a. Manufacturer name. b. Model number. c. Material. d. Sample source.

3. Manufacturer’s Color Chart: Units or sections of units showing full range of colors, textures, and patterns available.

4. Full-size Samples: a. Size as indicated in individual specification section. b. Prepared from same materials to be used for the Work. c. Cured and finished in manner specified. d. Physically identical with product proposed for use.

D. Action Submittal Dispositions: Engineer will review, comment, and stamp.

1. Approved: a. Contractor may incorporate product(s) or implement Work

covered by submittal. b. Distribution: Electronic.

2. Approved as Noted: a. Contractor may incorporate product(s) or implement Work

covered by submittal, in accordance with Engineer’s notations. b. Distribution: Electronic.

3. Partial Approval, Resubmit as Noted: a. Make corrections or obtain missing portions, and resubmit. b. Except for portions indicated, Contractor may begin to incorporate

product(s) or implement Work covered by submittal, in accordance with Engineer’s notations.

c. Distribution: Electronic. 4. Revise and Resubmit:

a. Contractor may not incorporate product(s) or implement Work covered by submittal.

b. Distribution: Electronic.

1.04 INFORMATIONAL SUBMITTALS

A. General:

1. Refer to individual specification sections for specific submittal requirements.


2. Owner’s Representative will review each submittal. If submittal meets conditions of the Contract, Owner’s Representative will forward copy to appropriate parties. If Owner’s Representative determines submittal does not meet conditions of the Contract and is therefore considered unacceptable, Owner’s Representative will retain one copy and return remaining copy with review comments to Contractor, and require that submittal be corrected and resubmitted.

B. Certificates:

1. General: a. Provide notarized statement that includes signature of entity

responsible for preparing certification. b. Signed by officer or other individual authorized to sign documents

on behalf of that entity. 2. Welding: In accordance with individual specification sections. 3. Installer: Prepare written statements on manufacturer’s letterhead

certifying installer complies with requirements as specified in individual specification section.

4. Material Test: Prepared by qualified testing agency, on testing agency’s standard form, indicating and interpreting test results of material for compliance with requirements.

5. Certificates of Successful Testing or Inspection: Submit when testing or inspection is required by Laws and Regulations or governing agency or specified in individual specification sections.

C. Construction Photographs and Video: In accordance with Section 01 31 13, Project Coordination, and as may otherwise be required in Contract Documents.

D. Closeout Submittals: In accordance with Section 01 77 00, Closeout Procedures.

E. Manufacturer’s Instructions: Written or published information that documents manufacturer’s recommendations, guidelines, and procedures in accordance with individual specification section.

F. Payment:

1. Application for Payment: In accordance with Section 01 22 13, Measurement and Payment.

2. Schedule of Values: In accordance with Section 01 22 13, Measurement and Payment.

3. Schedule of Estimated Progress Payments: In accordance with Section 01 22 13, Measurement and Payment.


G. Quality Control Documentation: As required in Section 01 45 16.13, Contractor Quality Control.

H. Schedules:

1. Schedule of Submittals: Prepare separately or in combination with Progress Schedule as specified in Section 01 32 00, Construction Progress Documentation. a. Show for each, at a minimum, the following:

1) Specification section number. 2) Identification by numbering and tracking system as specified

under Paragraph Transmittal of Submittal. 3) Estimated date of submission to Owner’s Representative,

including reviewing and processing time. b. On a monthly basis, submit updated Schedule of Submittals to

Owner’s Representative if changes have occurred or resubmittals are required.

2. Progress Schedules: In accordance with Section 01 32 00, Construction Progress Documentation.

I. Special Guarantee: Supplier’s written guarantee as required in individual specification sections.

J. Statement of Qualification: Evidence of qualification, certification, or registration as required in Contract Documents to verify qualifications of professional land surveyor, engineer, materials testing laboratory, specialty Subcontractor, trade, consultant, installer, and other professionals.

K. Submittals Required by Laws, Regulations, and Governing Agencies:

1. Promptly submit promptly notifications, reports, certifications, payrolls, and otherwise as may be required, directly to the applicable federal, state, or local governing agency or their representative.

2. Transmit to Owner’s Representative for Owner’s records one copy of correspondence and transmittals (to include enclosures and attachments) between Contractor and governing agency.

L. Test, Evaluation, and Inspection Reports:

1. General: Shall contain signature of person responsible for test or report. 2. Factory:

a. Identification of product and specification section, type of inspection or test with referenced standard or code.

b. Date of test, Project title and number, and name and signature of authorized person.

c. Test results.


d. If test or inspection deems material or equipment not in compliance with Contract Documents, identify corrective action necessary to bring into compliance.

e. Provide interpretation of test results, when requested by Owner’s Representative.

f. Other items as identified in individual specification sections. 3. Field:

a. As a minimum, include the following: 1) Project title and number. 2) Date and time. 3) Record of temperature and weather conditions. 4) Identification of product and specification section. 5) Type and location of test, Sample, or inspection, including

referenced standard or code. 6) Date issued, testing laboratory name, address, and telephone

number, and name and signature of laboratory inspector. 7) If test or inspection deems material or equipment not in

compliance with Contract Documents, identify corrective action necessary to bring into compliance.

8) Provide interpretation of test results, when requested by Owner’s Representative.

9) Other items as identified in individual specification sections.

1.05 SUPPLEMENTS

A. The supplements listed below, following “End of Section”, are part of this specification.

1. Forms: Transmittal of Contractor’s Submittal.



END OF SECTION


TRANSMITTAL OF CONTRACTOR’S SUBMITTAL (ATTACH TO EACH SUBMITTAL)

DATE:

TO:

FROM:

Contractor

Submittal No.:

New Submittal Resubmittal

Project:

Project No.:

Specification Section No.: (Cover only one section with each transmittal)

Schedule Date of Submittal:

SUBMITTAL TYPE: Shop Drawing Sample Informational Deferred

The following items are hereby submitted:

Number of Copies

Description of Item Submitted (Type, Size, Model Number, Etc.)

Spec. and Para. No.

Drawing or Brochure No.

Contains Variation to Contract No Yes

Contractor hereby certifies that (i) Contractor has complied with the requirements of Contract Documents in preparation, review, and submission of designated Submittal and (ii) the Submittal is complete and in accordance with the Contract Documents and requirements of laws and regulations and governing agencies.

By:___________________________________ Contractor (Authorized Signature)

SECTION 01 33 29 SUSTAINABLE AND LOCAL CONSTRUCTION

PART 1 GENERAL

1.01 GENERAL

A. Prepare and submit a Sustainable Construction Plan including recycling and reuse. Identify materials expected to be encountered during demolition, site clearing, field office operations, equipment maintenance, etc. in the plan. In this plan, define how these materials will be handled to increase recycling and reuse opportunities and to reduce permanent disposal of such items including used motor oil, waste paper, removed asphalt, removed concrete, used tires, etc.

B. To the extent practical, purchase the materials and services from Cass County enterprises for work that will be performed in Cass County. Provide a monthly report summarizing Cass County purchases.

1.02 SUBMITTALS

A. Informational:

1. Sustainable Construction Plan. 2. Monthly purchasing reports for Cass County.



END OF SECTION

PW/WBG/435534/WP-43D.3.A SUSTAINABLE CONSTRUCTION JULY 22, 2014 01 33 29 - 1

SECTION 01 35 29 HEALTH AND SAFETY

PART 1 GENERAL

1.01 REFERENCES

A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

1. American Society of Safety Engineers (ASSE/SAFE): a. ASSE/SAFE A10.34, (2001; R 2005) Protection of the Public on or

Adjacent to Construction Sites. 2. National Fire Protection Association (NFPA):

a. NFPA 10, (2010) Standard for Portable Fire Extinguishers. 3. U.S. Army Corps Of Engineers (USACE):

a. EM 385-1-1, (2008) Safety and Health Requirements Manual. 4. U.S. National Archives and Records Administration (NARA):

a. 29 CFR 1926, Safety and Health Regulations for Construction.

1.02 SUBMITTALS

A. Preconstruction Submittals:

1. Accident Prevention Plan (APP). 2. Activity Hazard Analysis (AHA).

B. Reports:

1. Reports: Submit reports in accordance with the requirements of the paragraph entitled, "Reports."

2. Monthly Exposure Reports: a. Accident Reports. b. Regulatory Citations and Violations.

1.03 DEFINITIONS

A. High Visibility Accident: A mishap that may generate publicity and/or high visibility.

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B. Medical Treatment: Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even through provided by a physician or registered personnel.

C. Recordable Injuries or Illnesses. Work-related injury or illness that results in:

1. Death, regardless of the time between the injury and death, or the length of the illness;

2. Days away from work (any time lost after day of injury/illness onset); 3. Restricted work; 4. Transfer to another job; 5. Medical treatment beyond first aid; 6. Loss of consciousness; or 7. A significant injury or illness diagnosed by a physician or other licensed

health care professional, even if it did not result in (1) through (6) above.

D. Recordable Accident: Recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in damages.

1.04 REGULATORY REQUIREMENTS

A. In addition to the requirements included in the provisions of this contract, comply with USACE EM 385-1-1, and federal, state, and local laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply.

1.05 SITE QUALIFICATIONS, DUTIES AND MEETINGS

A. Personnel Qualifications:

1. Site Safety and Health Officer (SSHO): Provide a Site Safety and Health Officer (SSHO) at the work site to perform safety and occupational health management, surveillance, inspections, and safety enforcement. The SSHO shall meet the following requirements: a. A minimum of 5 years safety work on similar projects. b. 30-hour OSHA construction safety class or equivalent within the last

5 years. c. An average of at least 24 hours of formal safety training each year for

the past 5 years. d. Competent person training as needed.

HEALTH AND SAFETY PW/WBG/435534/WP-43D.3.A 01 35 29 - 2 JULY 22, 2014

2. Site Safety and Health Officer (SSHO)/Superintendent Duties: a. Conduct daily safety and health inspections and maintain a written log

that includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections. Attach safety inspection logs to the daily quality control reports.

b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Quality Control reports for prime and sub-contractors.

c. Maintain applicable safety reference material on the job site. d. Attend the pre-construction conference, pre-work meetings including

preparatory inspection meeting, and periodic in-progress meetings. e. Implement and enforce accepted APPS and AHAs. f. Maintain a safety and health deficiency tracking system that monitors

outstanding deficiencies until resolution. Post list of unresolved safety and health deficiencies on the safety bulletin board.

g. Enforce sub-contractor compliance with safety and health requirements.

3. Failure to perform the above duties may result in requested removal of the superintendent and/or SSHO, and/or a project work stoppage.

B. Meetings:

1. Preconstruction Conference: a. Attendees should include the project superintendent, SSHO, quality

control supervisor, or other assigned safety and health professionals who participated in the development of the APP (including the Activity Hazard Analyses (AHAs) and special plans, program and procedures associated with it).

b. Be prepared to discuss the details of the submitted APP, including incorporated plans, programs, procedures, and a listing of anticipated AHAs. This list of proposed AHAs will be reviewed and modified as needed, at the conference. In addition, a schedule for the preparation, submittal, review, and acceptance of AHAs will be established.

2. Safety Meetings: Conduct and document safety meetings. Attach minutes showing contract title, signatures of attendees and a list of topics discussed to the daily quality control report.

1.06 ACCIDENT PREVENTION PLAN (APP)

A. Use a qualified person to prepare the written site-specific APP. Prepare the APP in accordance with the format and requirements of USACE EM 385-1-1 and as supplemented herein. Cover all paragraph and subparagraph elements in USACE EM 385-1-1, Appendix A, "Minimum Basic Outline for Accident Prevention Plan". Specific requirements for some of the APP elements are described below. The APP shall be job-specific and address unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the


Contractor's overall safety and health program. Portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Prime Contractor is the "controlling authority" for work site safety and health of subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP shall be signed by the person and firm (senior person) preparing the APP, the Contractor, the on-site superintendent, the designated site safety and health officer and any designated CSP and/or CIH.

B. Submit the APP to the Owner’s Representative 15 calendar days prior to the date of the preconstruction conference. Work cannot proceed without an accepted APP.

C. Once accepted by the Owner’s Representative, the APP and attachments will be enforced as part of the contract. Disregarding the provisions of this contract or the accepted APP may be cause for stopping of work, at the discretion of the Owner’s Representative, until the matter has been rectified.

D. Once work begins, make changes to the accepted APP only with the knowledge and concurrence of the Owner’s Representative, project superintendent, SSHO and quality control manager. Should hazard become evident, stop work in the area, secure the area, and develop a plan to remove the hazard. Notify the Owner’s Representative within 24 hours of discovery. Eliminate/remove the hazard. In the interim, take necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public (as defined by ASSE/SAFE A10.34), and the environment.

E. Maintain copies of the accepted plan at the job site. Periodically review and amend the APP, as necessary, throughout the life of the contract. Incorporate unusual or high-hazard activities not identified in the original APP in the plan as they are discovered.

F. EM 385-1-1 Contents: In addition to the requirements outlined in Appendix A of USACE EM 385-1-1, the following is required:

1. Excavation Plan. The safety and health aspects prepared in accordance with Section 31 00 00.00 13, Earthwork.


1.07 ACTIVITY HAZARD ANALYSIS (AHA)

A. Prepare the Activity Hazard Analysis (AHA) in accordance with USACE EM 385-1-1. Submit the AHA for review at least 15 calendar days prior to the start of each phase. Format subsequent AHAs as amendments to the APP. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls.

B. The AHA list will be reviewed periodically (at least monthly) at the supervisory safety meetings and updated as necessary when procedures, scheduling, or hazards change.

C. Develop the activity hazard analyses using the project schedule as the basis for the activities performed.

1.08 DISPLAY OF SAFETY INFORMATION

A. Within 15 days after receipt of the notice to proceed, erect a safety bulletin board at the job site. Include and maintain information as required by EM 385-1-1, section 01.A.06 on the bulletin board.

1.09 SITE SAFETY REFERENCE MATERIALS

A. Maintain safety-related references applicable to the project, including those listed in the article "References."

1.10 EMERGENCY MEDICAL TREATMENT

A. Arrange for emergency medical treatment.

1.11 REPORTS

A. Accident Reports: For recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in damages, conduct an accident investigation to establish the root cause(s) of the accident, complete the USACE Accident Report Form 3394 and provide the report to the Owner’s Representative within 5 calendar day(s) of the accident.

B. Monthly Exposure Reports: Submit Exposure Report the monthly payment request. This report is a compilation of employee-hours worked each month for all site workers, both prime and subcontractor. The Owner’s Representative will provide copies of any special forms.



PART 3 EXECUTION

3.01 CONSTRUCTION AND/OR OTHER WORK

A. Hazardous Material Exclusions: Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non-ionizing radiation (with the exception of radioactive material and devices used in accordance with USACE EM 385-1-1 such as nuclear density meters for compaction testing and laboratory equipment with radioactive sources) as well as materials that contain asbestos, mercury, polychlorinated biphenyls, di-isocynates, or lead-based paint are prohibited. Owner’s Representative, upon written request, may consider exceptions to the use of any of the above excluded materials.

B. Unforeseen Hazardous Material: The design should have identified materials such as PCB, lead paint, and friable and non-friable asbestos. If material, not indicated, that may be hazardous to human health upon disturbance during construction operations is encountered, stop that portion of work and notify the Owner’s Representative immediately. Within 14 calendar days the Owner’s Representative will determine if the material is hazardous. If material is not hazardous or poses no danger, the Owner’s Representative will provide direction to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Owner will issue a modification pursuant to GC 5.06.

3.02 EXCAVATIONS

A. The competent person shall perform soil classification in accordance with 29 CFR 1926.

1. Utility Locations: Prior to digging, the appropriate digging permit must be obtained. Underground utilities in the work area must be positively identified by the appropriate utility locating service. Any markings made during the utility investigation must be maintained throughout the contract.

2. Utility Location Verification: Physically verify underground utility locations by hand digging using wood or fiberglass handled tools when adjacent construction work is expected to come within three (3) feet of the underground system. If construction execution is within 5 feet and parallel to an existing utility, expose the utility by hand digging every 100 feet.

3. Shoring Systems: Identify trench and shoring systems in the APP and AHA. Have manufacture tabulated data and specifications or registered engineer tabulated data for shoring or benching systems available on-site.

END OF SECTION


SECTION 01 41 26 PERMITS

PART 1 GENERAL

1.01 THE REQUIREMENT

A. The intent of this Section is to provide the known list of required permits for the Work under the Contract Documents. Completeness of the list is not guaranteed by Owner. The absence of information does not relieve Contractor of responsibility for determining and verifying the extent of permits required and for obtaining permits.

B. Obtain permits required for the execution of the Work, as indicated. Furnish copies of permits obtained by Contractor to the Owner’s Representative, in accordance with Paragraph 1.04.B of this Section.

C. Comply with conditions of the permits and with Laws and Regulations applicable to the performance of the Work, in accordance with General Conditions, Paragraphs 7.08 Permits and 7.10 Laws and Regulations.

D. Inform Owner’s Representative of conflicts between permit requirements and the Contract Documents. Comply with permit requirements.

E. Copies of permits obtained by Owner will be provided by the Owner’s Representative. Maintain a notebook of permits onsite during construction.

1.02 SUMMARY OF PERMITS TO BE OBTAINED BY CONTRACTOR

A. Contractor Obtained Permits: Apply for and obtain the permits listed in Paragraph 1.02.C of this Section.

B. Complete the permit applications and submit to the permitting agency. Coordinate with the Owner’s Permit Coordinator as necessary to clarify permit requirements. Unless the permitted activity is specifically limited, permits obtained cover the entire Work.

C. Known Permits to be Obtained by Contractor:

Permitting Authority

Permit Name Permittee

ND Department of Health

Stormwater Permit (NDPES) Contractor

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1.03 SUMMARY OF PERMITS OR APPROVALS OBTAINED BY OWNER AND US ARMY CORPS OF ENGINEERS

A. The permits listed in Paragraphs 1.03.D of this Section have been or are in the process of being obtained by Owner and US Army Corps of Engineers.

B. Copies of the permits and their requirements, if available, will be provided by Owner’s Representative. Unless the permitted activity is specifically limited, permits obtained cover the entire work. Comply with the requirements of the permits.

C. No additional compensation or additional Contract Times will be granted to Contractor because of delays by Owner in obtaining permits unless Contractor is unable to proceed and complete Work and such delays are demonstrated by the Contractor's Progress schedule. Provide Owner at least 30 calendar days’ notice if the Contractor’s schedule will be impacted due to permits not being secured.

D. Known Permits and/or Agreements Obtained by Owner and US Army Corps of Engineers:

Permitting Authority Permit Name Permittee

USACE Record of Decision - Federal EIS Owner USACE FONSI - Supplemental EA Owner USACE Clean Water Act -Section 404 Owner ND Department of Health Clean Water Act -Section 401 Owner City of Oxbow Floodplain Owner

Cass County Highway Department

Highway Access Permit Owner

1.04 INFORMATIONAL SUBMITTALS

A. Furnish submittals in accordance with Section 01 33 00, Submittal Procedures.

B. Submit copies of permits and approvals for construction as required by Laws and Regulations and governing agencies within 14 days of approval.

C. Submit copies of compliance reports or other documentation whether submitted by Contractor to a regulatory agency or provided to Contractor by a regulatory agency within 2 days of receipt.

PERMITS PW/WBG/435534/WP-43D.3.A 01 41 26 - 2 JULY 22, 2014

D. Upon the completion of the work, submit evidence of permit close-out for the permits held by Contractor, except stormwater-related permits, prior to Owner’s issuance of Final Completion.



END OF SECTION

PW/WBG/435534/WP-43D.3.A PERMITS JULY 22, 2014 01 41 26 - 3

SECTION 01 41 26.00 13 NORTH DAKOTA POLLUTANT

DISCHARGE ELIMINATION SYSTEM

PART 1 GENERAL

1.01 GENERAL

A. This section covers best management practices (BMPs) to be implemented for prevention of storm water pollution as required by the National Pollutant Discharge Elimination System (NPDES).The North Dakota Department of Health is responsible for administering permits for NPDES in the state of North Dakota. The requirements herein supplement those covered in Section 01 41 26, Permits.

1. Definitions: The following terms apply to this specification and the General Permit, unless redefined in subsequent paragraphs. a. “EPA" means the United States Environmental Protection Agency. b. "NPDES" means the National Pollutant Discharge Elimination System. c. "BMP" means Best Management Practices. d. "General Permit" means the permit authorizing the discharge of storm

water associated with a construction activity under the National Pollutant Discharge Elimination System/State Disposal System Permit

e. Program. f. "Owner" as referred to in the general permit shall mean the Diversion

Authority. g. "SWPPP" means Stormwater Pollution Prevention Plan "NDPDES"

means the North Dakota Pollutant Discharge Elimination System. h. "Notice of Intent (NOI)" means the application to be filed with the state

to receive a general permit for storm water discharges associated with a construction activity.

1.02 SUBMITTALS

A. The following shall be submitted in accordance with the front end documents:

1. Preconstruction Submittals: a. Stormwater Pollution Prevention Plan (SWPPP). An electronic

template of the SWPPP is available on the North Dakota Dept. of Health web site www.ndhealth.gov/WQ/Storm/Construction/ConstructionHome

b. Prepare a specific SWPPP and submit to the Owner’s Representative along with the Application in accordance with the General Permit and these Specifications. The Owner’s Representative will review the SWPPP within 7 working days once a complete and correct submittal is received.

PW/WBG/435534/WP-43D.3.A NORTH DAKOTA POLLUTANT DISCHARGE JULY 22, 2014 ELIMINATION SYSTEM 01 41 26.00 13 - 1

http://www.ndhealth.gov/WQ/Storm/Construction/ConstructionHome.htm

1) Submit a Notice of Intent (NOI) to the Owner’s Representative for review and signature prior to transmitting to the state. An electronic template of the NOI is available on the North Dakota Dept. of Health web site www.ndhealth.gov/WQ/Storm/Construction/ConstructionHome

c. Closeout Submittals: Submit a Notice of Termination (NOT) to the Owner’s Representative for review and signature prior to transmitting to the state.

d. Records: Submit a copy of all SWPPP revisions, if applicable, to the Owner’s Representative along with all inspection reports and documentation required for record keeping as required by the Permit.

1.03 PERMIT COMPLIANCE AND REQUIREMENTS

A. Comply with the requirements of General Permit No. NDR10-0000, including the following:

1. Schedule: No contract construction activities that require an NPDES permit may commence until the State's General Permit is effective.

B. Application: Owner’s Representative will submit SWPPP and NOI to North Dakota Dept. of Health after complete submission by Contractor of documents listed in 1.03.C.

C. Storm Water Pollution Prevention Plan (SWPPP):

1. Prepare and implement the SWPPP. At a minimum, the SWPPP shall consist of the following documents: a. The SWPPP Drawing. b. The Surface Water Map. c. The Site Map. d. The Narrative.

2. Maintain the SWPPP at the site and make available to federal, state, and local officials as required by the General Permit.

D. The SWPPP Drawing: The drawings prepared for this project may be used for the base drawing for the SWPPP drawing. The plans used for the SWPPP drawing shall be neatly and clearly reproduced. Full size plan sheets are recommended, but shall not be smaller than 11x17 inches. The SWPPP drawing shall be clear, neat and readable. At a minimum, the drawing shall include the following.

1. The drawings shall be labeled "SWPPP." 2. The date and the name of the person who prepared the SWPPP. 3. Location and type of temporary and permanent erosion prevention and

sediment control BMPs.

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http://www.ndhealth.gov/WQ/Storm/Construction/ConstructionHome.htm

4. Tabulation of quantities of proposed BMPs (This may be included in the Narrative).

5. Details and appropriate notes for proposed BMPs. 6. If applicable, location of staging areas, temporary stockpiles, concrete

washout areas, construction access, construction equipment washing area. 7. Notes describing final stabilization. 8. Other information required by the General Permit.

E. The Surface Water Map: This map can be a USGS 7.5 minute quad or equivalent. Identify surface waters within one mile of project boundary. Identify Special Waters and Impaired Waters as defined by the General Permit, that are within one mile of project boundary that will receive storm water from the site.

F. The Site Map: The drawings prepared for this project may be used for the base drawing for the site map. The plans used for the site map shall be neatly and clearly reproduced. Full size plan sheets are recommended, but shall not be smaller than 11x17 inches. The site map shall be clear, neat and readable. At a minimum, the map shall include the following.

1. The drawings shall be labeled "Site Map." 2. The date and the name of the person who prepared the site map. 3. Construction Site Boundaries. 4. Delineation of disturbed and non-disturbed areas. 5. Existing and final grades. 6. Delineation of drainage areas. 7. Flow direction arrows. 8. Soil types shall be summarized or delineated on the plan view. Soil

information may be obtained from project borings, if provided in the project drawings. Soil information may also be obtained from soil surveys or other sources.

G. The Narrative: At a minimum, the written narrative shall include the following. A SWPPP template, if included with these specifications or one from the State, may be used for the Narrative.

1. A description of the overall project and the type of construction activity. 2. A description of temporary and permanent erosion prevention and sediment

control BMPs. 3. Provide the drainage path runoff takes as it leaves the site. 4. Include the municipal, county or state-operated storm sewer or drainage

ditch, as well as the first named waterbody or wetland to which the site drains a. Identify whether or not the waterbody is listed in the most recent North

Dakota Integrated Section 305(b) Water Quality Assessment Report and Section 303(d) List of Water Needing Total Maximum Daily Loads or if a total maximum daily load (TMDL) has been developed for the waterbody.

PW/WBG/435534/WP-43D.3.A NORTH DAKOTA POLLUTANT DISCHARGE JULY 22, 2014 ELIMINATION SYSTEM 01 41 26.00 13 - 3

b. Identify the distance to the waterbody. c. Identify the proposed BMP's to be used to satisfy the additional

requirements by the General Permit for the waterbody. 5. Describe procedures to be used to establish additional temporary. 6. BMPs as necessary for the site conditions during construction. 7. A timeline for the installation of the BMPs. 8. Sizing calculations for temporary sedimentation basins if proposed g. Identify

the following personnel, their experience and training. 9. Confirm that their training meets the requirements of the General Permit:

a. The person who prepared the SWPPP. b. The person who will oversee the implementation of the SWPPP. c. Identify the chain of command of all personnel on the site who will be

responsible for the implementation of the SWPPP including the installation, inspection, maintenance, and removal of the BMPs.


PART 3 EXECUTION

3.01 IMPLEMENTATION

A. Be responsible for fulfilling the obligations of the general permit.

B. Install the sediment and erosion control BMPs in accordance with the submitted SWPPP. Modify the BMPs if inspection indicates distress to the system or reveals unforeseen circumstances, or if directed by the Owner’s Representative. Record updates to the plan. Initiate permanent stabilization as soon as practicable in any portion of the site where construction activities are complete.

3.02 MAINTENANCE

A. Be responsible for implementing and managing the erosion and sediment control BMPs until the entire work site has undergone final stabilization, and a Notice of Termination has been submitted to the Owner’s Representative and the State.

3.03 RECORDS

A. Record on CQC reports:

1. Dates when major stripping and grading activities occur. 2. Dates when construction activities temporarily or permanently cease on a

portion of the site. 3. When permanent stabilization practices are initiated. 4. Activities associated with inspection and maintenance.

END OF SECTION

NORTH DAKOTA POLLUTANT DISCHARGE PW/WBG/435534/WP-43D.3.A ELIMINATION SYSTEM JULY 22, 2014 01 41 26.00 13 - 4

SECTION 01 42 13 ABBREVIATIONS AND ACRONYMS

PART 1 GENERAL

1.01 REFERENCE TO STANDARDS AND SPECIFICATIONS OF TECHNICAL SOCIETIES

A. Reference to standards and specifications of technical societies and reporting and resolving discrepancies associated therewith shall be as provided in Article 3 of the General Conditions, and as may otherwise be required herein and in the individual Specification sections.

B. Work specified by reference to published standard or specification of government agency, technical association, trade association, professional society or institute, testing agency, or other organization shall meet requirements or surpass minimum standards of quality for materials and workmanship established by designated standard or specification.

C. Where so specified, products or workmanship shall also meet or exceed additional prescriptive or performance requirements included within Contract Documents to establish a higher or more stringent standard of quality than required by referenced standard.

D. Where two or more standards are specified to establish quality, product and workmanship shall meet or exceed requirements of most stringent.

E. Where both a standard and a brand name are specified for a product in Contract Documents, proprietary product named shall meet or exceed requirements of specified reference standard.

F. Copies of standards and specifications of technical societies:

1. Copies of applicable referenced standards have not been bound in these Contract Documents.

2. Where copies of standards are needed by Contractor, obtain a copy or copies directly from publication source and maintain in an orderly manner at the Site as Work Site records, available to Contractor’s personnel, Subcontractors, Owner, and Engineer.

PW/WBG/435534/WP-43D.3.A ABBREVIATIONS AND ACRONYMS JULY 22, 2014 01 42 13 - 1

1.02 ABBREVIATIONS

A. Abbreviations for trade organizations and government agencies: Following is a list of construction industry organizations and government agencies to which references may be made in the Contract Documents, with abbreviations used.

1. AA Aluminum Association 2. AABC Associated Air Balance Council 3. AAMA American Architectural Manufacturers

Association 4. AASHTO American Association of State Highway and

Transportation Officials 5. ABMA American Bearing Manufacturers’ Association 6. ACI American Concrete Institute 7. AEIC Association of Edison Illuminating Companies 8. AGA American Gas Association 9. AGMA American Gear Manufacturers’ Association 10. AI Asphalt Institute 11. AISC American Institute of Steel Construction 12. AISI American Iron and Steel Institute 13. AITC American Institute of Timber Construction 14. ALS American Lumber Standards 15. AMCA Air Movement and Control Association 16. ANSI American National Standards Institute 17. APA APA – The Engineered Wood Association 18. API American Petroleum Institute 19. APWA American Public Works Association 20. AHRI Air-Conditioning, Heating, and Refrigeration

Institute 21. ASA Acoustical Society of America 22. ASABE American Society of Agricultural and Biological

Engineers 23. ASCE American Society of Civil Engineers 24. ASHRAE American Society of Heating, Refrigerating and

Air-Conditioning Engineers, Inc. 25. ASME American Society of Mechanical Engineers 26. ASNT American Society for Nondestructive Testing 27. ASSE American Society of Sanitary Engineering 28. ASTM ASTM International 29. AWI Architectural Woodwork Institute 30. AWPA American Wood Preservers’ Association 31. AWPI American Wood Preservers’ Institute 32. AWS American Welding Society 33. AWWA American Water Works Association 34. BHMA Builders Hardware Manufacturers’ Association 35. CBM Certified Ballast Manufacturer

ABBREVIATIONS AND ACRONYMS PW/WBG/435534/WP-43D.3.A 01 42 13 - 2 JULY 22, 2014

36. CDA Copper Development Association 37. CGA Compressed Gas Association 38. CISPI Cast Iron Soil Pipe Institute 39. CMAA Crane Manufacturers’ Association of America 40. CRSI Concrete Reinforcing Steel Institute 41. CS Commercial Standard 42. CSA Canadian Standards Association 43. CSI Construction Specifications Institute 44. DIN Deutsches Institut für Normung e.V. 45. DIPRA Ductile Iron Pipe Research Association 46. EIA Electronic Industries Alliance 47. EJCDC Engineers Joint Contract Documents’

Committee 48. ETL Electrical Test Laboratories 49. FAA Federal Aviation Administration 50. FCC Federal Communications Commission 51. FDA Food and Drug Administration 52. FEMA Federal Emergency Management Agency 53. FIPS Federal Information Processing Standards 54. FM FM Global 55. Fed. Spec. Federal Specifications (FAA Specifications) 56. FS Federal Specifications and Standards

(Technical Specifications) 57. GA Gypsum Association 58. GANA Glass Association of North America 59. HI Hydraulic Institute 60. HMI Hoist Manufacturers’ Institute 61. IBC International Building Code 62. ICBO International Conference of Building Officials 63. ICC International Code Council 64. ICEA Insulated Cable Engineers’ Association 65. IFC International Fire Code 66. IEEE Institute of Electrical and Electronics Engineers,

Inc. 67. IESNA Illuminating Engineering Society of North

America 68. IFI Industrial Fasteners Institute 69. IGMA Insulating Glass Manufacturer’s Alliance 70. IMC International Mechanical Code 71. INDA Association of the Nonwoven Fabrics Industry 72. IPC International Plumbing Code 73. ISA International Society of Automation 74. ISO International Organization for Standardization 75. ITL Independent Testing Laboratory


76. JIC Joint Industry Conferences of Hydraulic Manufacturers

77. MIA Marble Institute of America 78. MIL Military Specifications 79. MMA Monorail Manufacturers’ Association 80. MSS Manufacturer’s Standardization Society 81. NAAMM National Association of Architectural Metal

Manufacturers 82. NACE NACE International 83. NBGQA National Building Granite Quarries Association 84. NEBB National Environmental Balancing Bureau 85. NEC National Electrical Code 86. NECA National Electrical Contractor’s Association 87. NEMA National Electrical Manufacturers’ Association 88. NESC National Electrical Safety Code 89. NETA InterNational Electrical Testing Association 90. NFPA National Fire Protection Association 91. NHLA National Hardwood Lumber Association 92. NICET National Institute for Certification in

Engineering Technologies 93. NIST National Institute of Standards and Technology 94. NRCA National Roofing Contractors Association 95. NRTL Nationally Recognized Testing Laboratories 96. NSF NSF International 97. NSPE National Society of Professional Engineers 98. NTMA National Terrazzo and Mosaic Association 99. NWWDA National Wood Window and Door Association 100. OSHA Occupational Safety and Health Act (both

Federal and State) 101. PCI Precast/Prestressed Concrete Institute 102. PEI Porcelain Enamel Institute 103. PPI Plastic Pipe Institute 104. PS Product Standards Section-U.S. Department of

Commerce 105. RMA Rubber Manufacturers’ Association 106. RUS Rural Utilities Service 107. SAE SAE International 108. SDI Steel Deck Institute 109. SDI Steel Door Institute 110. SJI Steel Joist Institute 111. SMACNA Sheet Metal and Air Conditioning Contractors

National Association 112. SPI Society of the Plastics Industry 113. SSPC The Society for Protective Coatings

ABBREVIATIONS AND ACRONYMS PW/WBG/435534/WP-43D.3.A 01 42 13 - 4 JULY 22, 2014

114. STI/SPFA Steel Tank Institute/Steel Plate Fabricators Association

115. SWI Steel Window Institute 116. TEMA Tubular Exchanger Manufacturers’ Association 117. TCA Tile Council of North America 118. TIA Telecommunications Industry Association 119. UBC Uniform Building Code 120. UFC Uniform Fire Code 121. UL Underwriters Laboratories Inc. 122. UMC Uniform Mechanical Code 123. USACE US Army Corps of Engineers 124. USBR U.S. Bureau of Reclamation 125. WCLIB West Coast Lumber Inspection Bureau 126. WI Wood Institute 127. WWPA Western Wood Products Association



END OF SECTION


SECTION 01 45 16.13 CONTRACTOR QUALITY CONTROL

PART 1 GENERAL

1.01 REFERENCES

A. The following is a list of standards that may be referenced in this Section:

1. ASTM International (ASTM): a. D3740, Evaluation of Agencies Engaged in the Testing and/or

Inspection of Soil and Rock as Used in Engineering Design and Construction.

b. E329, Use in the Evaluation of Testing and Inspection Agencies as Used in Construction.

1.02 DEFINITIONS

A. Contractor Quality Control (CQC): The means by which Contractor ensures that the construction, to include that performed by subcontractors and suppliers, complies with the requirements of the Contract Documents.

1.03 SUBMITTALS


1. CQC Plan: Submit, not later than 15 days after receipt of Notice to Proceed.

2. CQC Report: Submit, monthly.

1.04 OWNER’S QUALITY ASSURANCE

A. Work is subject to Owner’s quality assurance inspection and testing at reasonable times before acceptance to determine compliance with the terms of the Contract Documents.

B. Owner’s quality assurance inspections and tests are for the sole benefit of Owner and do not:

1. Relieve Contractor of responsibility for providing adequate quality control measures;

2. Relieve Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or 4. Affect the continuing rights of Owner after acceptance of the completed

Work.

PW/WBG/435534/WP-43D.3.A CONTRACTOR QUALITY CONTROL JULY 22, 2014 01 45 16.13 - 1

C. The presence or absence of a quality assurance inspector does not relieve Contractor from Contract Documents requirements.

D. Owner may charge Contractor for additional cost of inspection or testing when Work is not ready at the time specified by Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. Quality assurance inspections and tests will be performed in a manner that will not unnecessarily delay the Work.


PART 3 EXECUTION

3.01 GENERAL

A. Maintain an adequate inspection system and perform such inspections that will ensure that the Work conforms to the Contract Documents.

B. Maintain inspection records and make them available to Owner and Owner’s Representative.

C. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with the Contract Documents. The system shall cover construction and demolition operations, onsite and offsite, including Work by subcontractors, fabricators, suppliers, and purchasing agent.

3.02 MEETING

A. As part of the Preconstruction Conference, discuss the quality control system, including the forms operations, control activities, testing, and the interrelationship of Contractor’s management and control with the Owner’s Quality Assurance.

3.03 QUALITY CONTROL ORGANIZATION

A. CQC System Manager:

1. Designate an individual within Contractor’s organization who will be responsible for overall management of CQC and have the authority to act in CQC matters for the Contractor.

2. CQC System Manager may perform other duties on the Project.

3.04 CONTRACTOR QUALITY CONTROL REPORT

A. Prepare a CQC Report. Include daily reports for all days throughout the life of the Contract. Sign and date by CQC System Manager. Include copies of test reports and other QC documentation.

CONTRACTOR QUALITY CONTROL PW/WBG/435534/WP-43D.3.A 01 45 16.13 - 2 JULY 22, 2014

B. Maintain current records of quality control operations, activities, and tests performed, including the Work of subcontractors and suppliers.

C. Daily reports shall include, at a minimum, the following:

1. Contractor/subcontractor and their areas of responsibility. 2. Operating plant/equipment with hours worked, idle, or down for repair. 3. Work performed giving location, description, and by whom. When a

network schedule is used, identify each phase of Work performed each day by activity number.

4. Test and/or control activities performed with results and references to specifications/plan requirements. The control phase should be identified (Preparatory, Initial, Follow-up). List deficiencies noted along with corrective action.

5. Material received with statement as to its acceptability and storage. 6. Job safety evaluations stating what was checked, results, and

instructions or corrective actions. 7. List conflicts in Drawings and/or Specifications.

D. Final report shall include a summary of the daily reports.

3.05 SUBMITTAL QUALITY CONTROL

A. As specified in Section 01 33 00, Submittal Procedures.

3.06 TESTING QUALITY CONTROL

A. Testing Procedure:

1. Perform tests specified or required to verify that control measures are adequate to provide a product that conforms to Contract Documents requirements. Perform the following activities and record the following data: a. Verify testing procedures comply with Contract Documents

requirements. b. Verify facilities and testing equipment are available and comply

with testing standards. c. Check test instrument calibration data against certified standards. d. Verify recording forms and test identification control number

system, including the test documentation requirements, have been prepared.

e. Documentation: 1) Record results of tests taken, both passing and failing, on

the CQC Report for the date taken. 2) Include specification paragraph reference, location where

tests were taken, and the sequential control number identifying the test.

PW/WBG/435534/WP-43D.3.A CONTRACTOR QUALITY CONTROL JULY 22, 2014 01 45 16.13 - 3

3) Actual test reports may be submitted later with a reference to the test number and date taken.

4) Provide directly to Owner’s Representative an information copy of tests performed by an offsite or commercial test facility. Test results shall be signed by an engineer registered in the state where the tests are performed.

B. Testing Laboratories: Laboratory facilities, including personnel and equipment, utilized for testing soils, concrete, asphalt and steel shall meet criteria detailed in ASTM D3740 and ASTM E329, and be accredited by the American Association of Laboratory Accreditation (AALA), National Institute of Standards and Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP), the American Association of State Highway and Transportation Officials (AASHTO), or other approved national accreditation authority. Personnel performing concrete testing shall be certified by the American Concrete Institute (ACI).

END OF SECTION

CONTRACTOR QUALITY CONTROL PW/WBG/435534/WP-43D.3.A 01 45 16.13 - 4 JULY 22, 2014

SECTION 01 45 33 SPECIAL INSPECTION AND OBSERVATION

PART 1 GENERAL

1.01 SUMMARY

A. This section covers requirements for Special Inspection and Observation, required for levee certification.

1.02 REFERENCES

A. The following is a list of standards which may be referenced in this section:

1. U.S. Army Corps of Engineers Levee Standard.

1.03 DEFINITIONS

A. Regulatory Agency and Personnel: The U.S. Army Corps of Engineers is the regulatory agency that is responsible for certification of the levee.

B. Special Inspection: Inspection required of materials, installation, or placement of components requiring special expertise to ensure compliance with referenced standards.


PART 3 EXECUTION

3.01 GENERAL

A. Provide access for Special Inspection and Observation by the U.S. Army Corps of Engineers and the Natural Resource Conservation Service.

B. Owner’s Representative will notify Contractor 48 hours in advance of required Special Inspections.

END OF SECTION

PW/WBG/435534/WP-43D.3.A SPECIAL INSPECTION AND OBSERVATION JULY 22, 2014 01 45 33 - 1

SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS

PART 1 GENERAL

1.01 SUBMITTALS


1. Copies of permits and approvals for construction as required by Laws and Regulations and governing agencies.

2. Temporary Construction Submittals: a. Access Roads: Routes, cross-sections, and drainage facilities. b. Traffic Control Plan: As specified herein, and proposed revisions

thereto.

1.02 MOBILIZATION

A. Mobilization shall include, but not be limited to, these principal items:

1. Obtaining required permits. 2. Establishing safety programs and procedures. 3. Having Contractor’s superintendent at Site full time. 4. Moving equipment on to Site.

1.03 PROTECTION OF WORK AND PROPERTY

A. Comply with Owner’s safety rules while on Site.

B. Keep Owner or Owner’s Representative informed of serious onsite accidents and related claims.

C. Use of Explosives: No blasting or use of explosives will be allowed onsite.

1.04 VEHICULAR TRAFFIC

A. Traffic Control Plan: Develop and submit Traffic Control Plan in accordance with local regulations. Secure approvals for necessary changes so as not to delay progress of the Work.

PW/WBG/435534/WP-43D.3.A TEMPORARY FACILITIES AND CONTROLS JULY 22, 2014 01 50 00 - 1


PART 3 EXECUTION

3.01 TEMPORARY UTILITIES

A. Power: No electric power is available at Site. Make arrangements to obtain and pay for electrical power used.

B. Lighting: Provide temporary lighting to meet applicable safety requirements to allow erection, application, or installation of materials and equipment, and observation or inspection of the Work.

C. Water: No construction or potable water is available at Site. Make arrangements for and bear costs of providing water required for construction purposes and for drinking by construction personnel during construction.

D. Sanitary and Personnel Facilities: Provide and maintain facilities for Contractor’s employees, Subcontractors, and other onsite employers’ employees. Service, clean, and maintain facilities and enclosures.

E. Telephone Service: Contractor: Arrange and provide onsite telephone service for use during construction.

F. Fire Protection: Furnish and maintain on Site adequate firefighting equipment capable of extinguishing incipient fires. Comply with applicable parts of NFPA 241.

3.02 PROTECTION OF WORK AND PROPERTY

A. General:

1. Perform Work within right-of-way and easements in a systematic manner that minimizes inconvenience to property owners and the public.

2. No residence or business shall be cut off from vehicular traffic, unless special arrangements have been made.

3. Schedule the Work so construction will not interfere with drainage of cultivated lands or pasturelands. Construction may proceed during growing season, provided Contractor constructs temporary ditches, turnouts, and miscellaneous structures acceptable to property owners.

4. Provide continuous access to farm areas. Do not cut off ready access to portions of farmlands during growing season. Maintain existing fences required. Keep gates closed and secure.

5. Maintain in continuous service existing oil and gas pipelines, underground power, telephone or communication cable, water mains, irrigation lines, sewers, poles and overhead power, and other utilities encountered a long line of the Work.

TEMPORARY FACILITIES AND CONTROLS PW/WBG/435534/WP-43D.3.A 01 50 00 - 2 JULY 22, 2014

6. Where completion of the Work requires temporary or permanent removal or relocation of existing utility, coordinate activities with owner of said utility and perform work to their satisfaction.

7. Protect, shore, brace, support, and maintain underground pipes, conduits, drains, and other underground utility construction uncovered or otherwise affected by construction operations.

8. Keep fire hydrants and water control valves free from obstruction and available for use at all times.

9. In areas where Contractor’s operations are adjacent to or near a utility, such as gas, telephone, television, electric power, water, sewer, or irrigation system, and such operations may cause damage or inconvenience, suspend operations until arrangements necessary for protection have been made by Contractor.

10. Notify and comply with North Dakota One Call prior to any excavation in North Dakota. Notify property owners and utility offices that may be affected by construction operation at least 2 days in advance. Before exposing a utility, obtain utility owner’s permission. Should service of utility be interrupted due to Contractor’s operation, notify proper authority immediately. Cooperate with said authority in restoring service as promptly as possible and bear costs incurred.

11. Do not impair operation of existing sewer system. Prevent construction material, pavement, concrete, earth, volatile and corrosive wastes, and other debris from entering sewers, pump stations, or other sewer structures.

B. Site Security: Provide and maintain temporary security fences as necessary to protect the Work and Contractor-furnished products not yet installed.

C. Barricades and Lights:

1. Provide as required by the Manual on Uniform Traffic Control Devices and specifications of the NDDOT, and in sufficient quantity to safeguard public and the Work.

2. Provide as necessary to prevent unauthorized entry to construction areas and affected roads, streets, and alleyways, inside and outside of fenced area, and as required to ensure public safety and the safety of Contractor’s employees, other employer’s employees, and others who may be affected by the Work.

3. Provide to protect existing facilities and adjacent properties from potential damage.

4. Locate to enable access by facility operators and property owners. 5. Protect streets, roads, highways, and other public thoroughfares that are

closed to traffic by effective barricades with acceptable warning signs. 6. Locate barricades at the nearest intersecting public thoroughfare on each

side of blocked section.


7. Illuminate barricades and obstructions with warning lights from sunset to sunrise.

D. Trees and Plantings: Protect from damage and preserve trees, shrubs, and other plants outside limits of the Work and within limits of the Work, which are designated on Drawings to remain undisturbed.

E. Existing Structures:

1. Where Contractor contemplates removal of small structures such as mailboxes, signposts, and culverts that interfere with Contractor’s operations, obtain approval of property owner and Owner’s Representative.

2. Move mailboxes to temporary locations accessible to postal service. 3. Replace items removed in their original location and a condition equal

to or better than original.

F. Waterways: Keep ditches, culverts, and natural drainages continuously free of construction materials and debris.

G. Dewatering: Construct, maintain, and operate cofferdams, channels, flume drains, sumps, pumps, or other temporary diversion and protection works. Furnish materials required, install, maintain, and operate necessary pumping and other equipment for the environmentally safe removal and disposal of water from the various parts of the Work. Maintain foundations and parts of the Work free from water.

H. Historical, Archaeological, and Cultural Resources:

1. Existing historical, archaeological, and cultural resources within the Contractor’s work area are not anticipated. If, during excavation or other construction activities, previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, cease activities that may damage or alter such resources. Temporarily suspend. Resources covered by this paragraph include, but are not limited to: human skeletal remains or burials; artifacts; shell, midden, bone, other constructed features; and indications of agricultural o other human activities. Upon such discovery or find, notify the Owner’s Representative so that a determination may be made as to their significance and what the disposition of the findings will be. Until such time as the disposition is determined, secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.


2. Biological Resources: Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. Be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, regional, and local laws and regulations.

3.03 TEMPORARY CONTROLS

A. Air Pollution Control: The Fargo-Moorhead area is considered a National Ambient Air Quality Standards (NAAQS) Attainment Area for all air quality parameters (USEPA 2009).

1. Maintain vehicles and equipment on the site in good working order to minimize exhaust emissions.

2. Control fugitive dust resulting from construction activities. 3. Burning of small brush and debris onsite is not allowed. Chip trees and

use for project landscaping or haul to City of Fargo site.

B. Noise Control: Propose plan to mitigate construction noise and to comply with noise control ordinances, including method of construction, equipment to be used, and acoustical treatments.

C. Water Pollution Control: Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project in accordance with SECTION 01 41 26.00 13, North Dakota Pollutant Discharge Elimination System.

D. Erosion, Sediment, and Flood Control: Provide, maintain, and operate temporary facilities as specified in Section 01 57 13, Temporary Erosion and Sedimentation Control, to control erosion and sediment releases, and to protect the Work and existing facilities from flooding during construction period.

3.04 ACCESS ROADS AND DETOURS

A. Construct access roads as shown and within easements, rights-of-way, or Project limits.

B. Maintain drainage ways. Install and maintain culverts to allow water to flow beneath access roads. Provide corrosion-resistant culvert pipe of adequate strength to resist construction loads.

C. Provide gravel, crushed rock, or other stabilization material to permit access by all motor vehicles at all times.

D. Maintain road grade and crown to eliminate potholes, rutting, and other irregularities that restrict access.


E. Coordinate with Owner’s Representative detours and other operations affecting traffic and access. Provide at least 72 hours’ notice to Owner’s Representative of operations that will alter access.

F. Provide snow removal for Township or other non-County, non-State roads used for construction or by construction personnel.

G. Upon completion of construction, restore ground surface disturbed by access road construction to original grade. Replace damaged or broken culverts with new culvert pipe of same diameter and material.

3.05 PARKING AREAS

A. Control vehicular parking to preclude interference with public traffic or parking, access by emergency vehicles, Owner’s operations, or construction operations.

3.06 VEHICULAR TRAFFIC

A. Comply with Laws and Regulations regarding closing or restricting use of public streets or highways. No public or private road shall be closed, except by written permission of proper authority. Ensure the least possible obstruction to traffic and normal commercial pursuits.

B. Conduct the Work to interfere as little as possible with public travel, whether vehicular or pedestrian.

C. Whenever it is necessary to cross, close, or obstruct roads, driveways, and walks, whether public or private, provide and maintain suitable and safe bridges, detours, or other temporary expedients for accommodation of public and private travel.

D. When flaggers and guards are required by regulation or when deemed necessary for safety, furnish them with approved safety wearing apparel and other regulation traffic control devices.

E. Provide snow removal to facilitate normal vehicular traffic on public or private roads affected by construction. Perform snow removal promptly and efficiently by means of suitable equipment whenever necessary for safety, and as may be directed by proper authority.

F. Notify fire department and police department before closing street or portion thereof. Notify said departments when streets are again passable for emergency vehicles. Do not block off emergency vehicle access to consecutive arterial crossings or dead-end streets, in excess of 300 linear feet, without written permission from fire department. Conduct operations with the least interference to fire equipment access, and at no time prevent such access.


Furnish Contractor’s night emergency telephone numbers to police department.

G. Detours: Where authority having jurisdiction requires that traffic be maintained over construction work in a public street, road, or highway, and traffic cannot be maintained on original roadbed or pavement, construct and maintain detour around the Work.

H. Coordinate traffic routing with that of others working in same or adjacent areas.

3.07 CLEANING DURING CONSTRUCTION

A. In accordance with General Conditions, as may be specified in other Specification sections, and as required herein.

B. Wet down exterior surfaces prior to sweeping to prevent blowing of dust and debris. At least weekly, sweep floors (basins, tunnels, platforms, walkways, roof surfaces), and pick up and dispose of debris.

C. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. At least weekly, dispose of such waste materials, debris, and rubbish offsite.

D. At least weekly, brush sweep entry drive, roadways, and other streets and walkways affected by the Work and where adjacent to the Work.

END OF SECTION


SECTION 01 58 00 PROJECT SIGN

PART 1 GENERAL

1.01 ACTION SUBMITTALS

A. Project Sign: Submit color proof sheet of project sign layout.

PART 2 PRODUCTS

2.01 PROJECT SIGN

A. Provide one, 8-foot wide by 6-foot high, sign constructed of 0.125-inch thick aluminum sheet or marine-grade plywood, as shown in the supplement to this section.

B. Type Face: Helvetica Bold.

C. Owner's Representative will provide electronic files of logos.

PART 3 EXECUTION

3.01 PROJECT SIGN

A. Install sign in location and orientation as directed by Owner’s Representative.

B. Install sign with foundations, sign posts, and mountings to hold sign in proper position and resist swaying in wind.

C. Maintain sign for duration of Project. Replace if necessary.

D. Remove sign during demobilization.

3.02 SUPPLEMENTS

A. The supplement listed below, following “End of Section,” is part of this Specification.

1. Project Sign.

END OF SECTION

PW/WBG/435534/WP-43D.3.A PROJECT SIGN JULY 22, 2014 01 58 00 - 1

FLOOD

A U T H O R I T Y

Engineer: Houston-Moore Group, LLCOwner’s Representative: CH2M HILLContractor: XXXFor More Information Call: XXX.XXX.XXXXWebsite: www.fmdiversion.com

8 ‘- 0”

Oxbow-Hickson-Bakke Ring Levee - Phase D.3.AWork Package 43D.3.A

Gatewell ‐ Prefabricated Vertical Drain& Surcharge Installation

6 ‘- 0”

10”4”

3”2”

2”4”

6”6”

4”2”

4”3”

3”

Edge

1”

1”

3”2”

3”3”

3”3”

Owner: Cass County Joint Water Resource District

SECTION 01 71 23 CONSTRUCTION SURVEYING

PART 1 GENERAL

1.01 DEFINITIONS

A. Construction Surveying: Providing necessary computations, stakes, and marks to establish lines, slopes, elevations, points, and continuous profile grades in accordance with the requirements and tolerances to perform required construction in accordance with the Contract Documents.

1.02 SUBMITTALS

A. Preconstruction Submittals: Quality Control Plan.

1.03 QUALITY CONTROL

A. Establish and maintain quality control for the work specified in this section to assure compliance with the contract requirements and maintain records of quality control.

B. Quality Control Plan: Submit a plan for conducting quality control for the work to be performed under this specification. This plan will be reviewed and accepted by the Owner’s Representative. This plan should outline the personnel, equipment, and activities anticipated.

C. Maintain daily log for the layout work and surveys.

1.04 PROFESSIONAL CERTIFICATION

A. Perform layouts and surveys under the direction of, and certified by, a Professional Surveyor currently licensed in North Dakota.


PART 3 EXECUTION

3.01 COMMENCEMENT, PERFORMANCE, AND COMPLETION

A. General: Layout the work from the project benchmarks and control points shown on the Drawings. Provide sufficient stakes and markings 3 working days prior to construction. For each feature of work, define centerline, stationing, outermost fill/cut limits, and work limits. Stake general site work to define staging areas, storage areas, and other area limits as directed.

PW/WBG/435534/WP-43D.3.A CONSTRUCTION SURVEYING JULY 22, 2014 01 71 23 - 1

1. Preliminary Surveys: Make necessary surveying checks for field verification of actual conditions and make necessary minor surveying and staking adjustments to fit the construction to actual field conditions. In addition, some plan details may be dependent upon actual field conditions. It may be necessary to perform some field survey or office computations in order to stake these components.

2. Layout Surveys: Layout surveys include, but are not be limited to: clearing and grubbing, removals, grading, culverts, embankments, borrow, aggregate base course, pavements, erosion control and turf establishment items. a. Preserve reference points, monuments, government land corners

(Public Land Survey System corner monuments), horizontal and vertical control points, stakes, and marks that are established by the Project or others within the project limits. Replace damaged or destroyed points, monuments, corners, stakes, or marks.

b. Set stakes and marks to be highly visible, legible, and sufficiently descriptive.

c. Perform construction surveying: 1) From horizontal and vertical Control Points shown on the

Drawings. 2) According to the Contract Documents. 3) Consistent with actual existing field conditions.

d. Document surveying during construction, including: 1) Control Point documentation with reference ties. 2) Field notes that were used to set construction stakes, control the

Project, and document monument locations. Use bound, hard cover field books for recording survey data and field notes; store field notes on an electronic medium; or use both methods. If an electronic medium is used, the raw field data files must be available.

END OF SECTION

CONSTRUCTION SURVEYING PW/WBG/435534/WP-43D.3.A 01 71 23 - 2 JULY 22, 2014

SECTION 01 77 00 CLOSEOUT PROCEDURES

PART 1 GENERAL

1.01 SUBMITTALS


1. Submit prior to application for final payment. a. Record Documents: As required. b. Special bonds, Special Guarantees, and Service Agreements. c. Consent of Surety to Final Payment: As required in General

Conditions. d. Releases or Waivers of Liens and Claims: As required in General

Conditions. e. Releases from Agreements. f. Final Application for Payment: Submit in accordance with

procedures and requirements stated in Section 01 22 13, Measurement and Payment.

1.02 RELEASES FROM AGREEMENTS

A. Furnish Owner written releases from property owners or public agencies where side agreements or special easements have been made, or where Contractor’s operations have not been kept within the Owner’s construction right-of-way.

B. In the event Contractor is unable to secure written releases:

1. Inform Owner’s Representative of the reasons. 2. Owner’s Representative will examine the Site, and Owner’s

Representative will direct Contractor to complete the Work that may be necessary to satisfy terms of the side agreement or special easement.

3. Should Contractor refuse to perform this Work, Owner reserves right to have it done by separate contract and deduct cost of same from Contract Price, or require Contractor to furnish a satisfactory bond in a sum to cover legal Claims for damages.

4. When Owner is satisfied that the Work has been completed in agreement with Contract Documents and terms of side agreement or special easement, right is reserved to waive requirement for written release if: (i) Contractor’s failure to obtain such statement is due to grantor’s refusal to sign, and this refusal is not based upon any legitimate Claims that Contractor has failed to fulfill terms of side agreement or special easement, or (ii) Contractor is unable to contact or has had undue hardship in contacting grantor.

PW/WBG/435534/WP-43D.3.A CLOSEOUT PROCEDURES JULY 22, 2014 01 77 00 - 1


PART 3 EXECUTION

3.01 FINAL CLEANING

A. At completion of the Work or of a part thereof and immediately prior to Contractor’s request for certificate of Substantial Completion, clean entire Site or parts thereof, as applicable.

1. Leave the Work and adjacent areas affected in a cleaned condition satisfactory to Owner’s Representative.

END OF SECTION

CLOSEOUT PROCEDURES PW/WBG/435534/WP-43D.3.A 01 77 00 - 2 JULY 22, 2014

SECTION 31 00 00.00 13 EARTHWORK

PART 1 GENERAL

1.01 DESCRIPTION

A. This work consists of Earthwork to provide a sand blanket drain, and surcharge pile to support settlement of the proposed gate well area with prefabricated vertical drains. Earthwork shall be performed in accordance with the details shown in the plans and as specified herein or established by the Engineer.

1.02 SUBMITTALS

A. Grain Size Testing

A grain size distribution test on the sand blanket drain materials performed in accordance with ASTM D 422 “Particle Size Analysis of Soils.” Results of grain size testing shall be submitted a minimum of 10 days prior to placement of materials.

B. Daily Report Forms

A compilation of the daily report forms for earthwork observation and inspection trench observations ordered by date shall be submitted when the work is substantially complete. Preliminary copies shall be furnished to the Owner’s Representative on a weekly or monthly basis as directed, but do not need to be formally transmitted through the submittal process.

1.03 SUBSURFACE DATA

A. Boring Logs

Boring logs obtained for this project are shown on the Drawings. The borings are representative of subsurface conditions at their respective locations. Variations in the stratigraphy and characteristics of the soil are known to occur between borings. Normal variations in site geology will not be considered as differing materially within the purview of PARAGRAPH 5.04.D.2, GENERAL CONDITIONS. Ground water elevations measured in borings are not constant and will fluctuate.

PART 2 MATERIALS

2.01 EARTHWORK MATERIALS

A. Borrow Sources for Surcharge Pile

Borrow materials shall be produced from the sources shown on the Drawings.

B. Sand Drain Blanket EARTHWORK July 15, 2014 31 00 00.13

1

Sand drain blanket materials shall consist of free-draining fine to medium sand soils in accordance with the follow gradation:

SansSand Gradation % Passing Sieve

90-100 #4 25-50 #40 0-10 #200

2.02 COMPACTION CONSTRUCTION EQUIPMENT

A. Compaction equipment shall consist of sheepsfoot rollers, pneumatic-tired rollers, steel-wheeled rollers, or other approved equipment well suited to the soil type being compacted. Water flooding or jetting methods of compaction will not be permitted for any soil types. Sprinkling equipment for cohesive soils shall apply water uniformly, in controlled quantities, and be capable of variable application widths.

B. Compaction of Surcharge Pile

Use of sheepsfoot rollers (vibratory or non-vibratory) is required for construction of surcharge pile. Construction equipment and methods shall avoid poor bonding between lifts, characterized by layered or laminated texture at the lift interfaces. Smooth surfaces (such as produced from smooth drum rollers, rubber tired rollers, and construction traffic) shall be scarified prior to placing subsequent lifts.

PART 3 EXECUTION

3.01 EQUIPMENT DECONTAMINATION

A. In order to limit the possible spread of invasive plant species to the site, decontaminate Contractor shall ensure that equipment to be used prior to entry to the site. Decontamination shall consist of removal of dirt, debris, etc. through high-powered washing or an equivalent method approved by the Owner’s Representative.

3.02 TEMPORARY HALT OF CONSTRUCTION ACTIVITIES

A. If construction activities are halted for more than one week for any disturbed area, a temporary ground cover must be installed on the disturbed area. This requirement applies whether or not topsoil has been placed.

3.03 STOCKPILES

A. Stockpiles shall be kept in a neat and well drained condition, giving due consideration to drainage at all times. The ground surface at stockpile locations shall be cleared, grubbed, and sealed. Satisfactory and unsatisfactory materials shall

EARTHWORK July 15, 2014 31 00 00.13

2

be separately stockpiled. Stockpiles of satisfactory materials shall be protected from contamination which may destroy the quality and fitness of the stockpiled material. Remove and replace material that becomes contaminated, frozen or too wet for use with satisfactory material from approved sources.

3.04 STRIPPING OF TOPSOIL

A. Where indicated or directed, topsoil shall be stripped to the depth indicated on the Drawings or as instructed by the Owner’s Representative. Topsoil shall be deposited in stockpiles convenient to areas that are to receive application of the topsoil later. Topsoil shall not be stockpiled in the ring levee footprint. Topsoil shall be kept separate from other excavated materials, brush, litter, objectionable weeds, roots, stones larger than 1 inch in diameter, and other materials that would interfere with planting and maintenance operations.

3.05 BORROW MATERIAL

A. Borrow material shall be selected to meet the requirements and conditions of the particular fill or embankment for which it is to be used. Borrow material shall be obtained from the borrow areas shown.

B. Excavation and Borrow Pits

Borrow pits shall be neatly trimmed to the slope angles indicated on the Drawings and drained after the excavation is completed. Ensure that excavation of any area, operation of borrow pits, or dumping of spoil material results in minimum detrimental effects on natural environmental conditions.

C. Utilization of Excavated Materials

Material removed from excavations shall be incorporated in the work insofar as practicable. No excavated material that is satisfactory for use as fill shall be wasted without specific written authorization. Material authorized to be wasted shall be stored in designated areas approved for surplus material storage and disposed of offsite. No excavated material shall be disposed of in such a manner as to obstruct the flow of any stream, endanger a partly finished structure, impair the efficiency or appearance of any structure, or be detrimental to the completed work in any way.

D. Surcharge Embankment

Surcharge embankments shall be constructed at the locations and to lines and grades indicated. Fill shall meet the material specifications for the zones indicated on the drawings. The material shall be placed in successive horizontal layers for the full width of the cross section and shall be compacted as specified. Each layer shall be compacted as specified in paragraph COMPACTION before the overlaying lift is placed.

EARTHWORK July 15, 2014 31 00 00.13

3

3.06 SUBGRADE PREPARATION

A. All areas upon which fill is to be placed shall be stripped before the fill is started. Material shall not be placed on surfaces that are muddy, frozen, contain frost, or where unsatisfactory material remains in or under the fill.

3.07 COMPACTION

A. Placement And Compaction

Each layer shall be spread uniformly on an acceptable soil surface. The sand drainage blanket and surcharge pile shall be placed and compacted in maximum 2-foot lifts. Compaction of the materials shall achieve a minimum of 90 percent of a standard proctor maximum density or a minimum 115 pcf (insitu), whichever is greater.

END OF SECTION

EARTHWORK July 15, 2014 31 00 00.13

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SECTION 31 05 23.10 PREFABRICATED VERTICAL WICK DRAINS

PART 1 GENERAL

1.01 DESCRIPTION

A. This work consists of furnishing and installing prefabricated wicked drains in accordance with the details shown in the plans and as specified herein or established by the Engineer.

1.02 SUBMITTALS

A. Contractor Qualifications

1. As a minimum experience requirement, the Contractor or Subcontractor shall have successfully completed three vertical drain installation projects. The three projects shall be identified by project name, location, project description, size, completion date, contract manager, and phone number.

B. Material Submittals

1. Submit wick drain samples and indicate the type and source of the proposed materials 14 days prior to delivery to the site for the Engineer to evaluate the material.

C. Installation Plan Submittal

1. The Contractors proposed details of the sequence and method of installation shall be submitted for review and approval at least 14 calendar days prior to the Contractors proposed starting date for the installation of the PV drains. The submittal shall at a minimum include the following:

• Size, type, weight, maximum pushing force, and configuration of the installation equipment

• Dimensions and lengths of mandrels

• Detailed description of proposed installation procedures as specified in PARAGRAPH: INSTALLATION PROCEDURES

• Proposed methods for dealing with overcoming obstructions

• Proposed methods for splicing drains

PREFABRICATED VERTICAL WICK DRAINS July 15, 2014 31 05 23.10

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PART 2 MATERIALS

2.01 WICK DRAINS

A. The wick drain shall be a prefabricated type made up of a polypropylene drainage core wrapped in a filter made of a non-woven fabric of continuous filaments of 100% polypropylene. The core shall be fabricated with suitable drainage channels.

The wick drains shall have the following minimum properties:

Drain

Width 2 in (minimum) N/A Discharge Capacity 1.6 gpm ASTM D4716

Core

Tensile Strength 200 lbs ASTM D4632 (Modified)

Fabric

Material Polypropylene N/A Grab Tensile Strength 130 lbs ASTM D4632 Elongation at Break 60% ASTM D4632 Trapezoidal Tear 70 lbs ASTM D4533 Puncture Strength 50 lbs ASTM D4833 Mullen Burst 150 psi ASTM D3786 AOS 80 sieve ASTM D4751 Flow Rate 80 gpm/ft2 ASTM D4491 Permittivity 0.7 sec-1 ASTM D4491 Permeability 0.01 in/sec ASTM D4491

PART 3 EXECUTION

3.01 EQUIPMENT

A. The wick drains shall be installed with the approved modern equipment of a type which will cause a minimum amount of disturbance to the subsoil during the installation operation.

B. The wick drains shall be installed using a mandrel or sleeve that will be advanced through the soil to the required depth.

C. Constant load or constant rate of advancement methods are the preferred methods.


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D. A vibrator with an eccentric moment of at least 500 in-lbs shall be available for use in areas where constant load or constant rate of advancement methods cannot install the wick drains to the design depths. Wick drains which cannot be installed to design penetration using only static methods must be advanced with the use of the vibrator to be considered for compensation. The vibrator may not be used except in cases where design penetration cannot be achieved by using the full static push force available to the mandrel.

E. Use of falling weight impact hammers will not be allowed.

F. Provision must be provided for introducing water into the top mandrel to aid in anchoring the wick drain. The mandrel shall protect the wick drain material from tears, cuts, and abrasions during installation and shall be withdrawn after installation of the drain. The mandrel shall be rectangular in shape with a cross sectional area not to exceed 12 in2.

3.02 CONSTRUCTION REQUIREMENTS

A. The Owner’s Representative shall be contacted 14 days prior to the installation of the wick drains. Install geotechnical instrumentation (vibrating wire piezometers) prior to installing wick drains.

B. Demonstrate that equipment, method and materials produce a satisfactory installation in accordance with these specifications at the “trial” wick drain locations indicated on the Drawings. For this purpose, install “trial” drains at locations designated by the Engineer.

C. Approval by the Engineer of the method and equipment used to install the trial drains shall not constitute, necessarily, acceptance of the method for the remainder of the project. If at any time, the Engineer and Owner’s Representative considers that the method of installation does not produce a satisfactory drain system, the Contractor shall alter his method and/or equipment as necessary to comply with these specifications.

D. Wick drains will be located, numbered and staked based on coordinates of PVD points provided in the Drawings. The location of the drains shall not vary by more than 6 inches from locations indicated on the Drawings or as directed by the Engineer.

E. Wick drains shall be installed from the working surface to the depth shown on the drawings or to such a depth where the soil resists a reasonable effort at further penetration. Engineer and Owner’s Representative will assist in determining reasonable effort for installation of drains in stiff soil conditions.

F. The equipment shall be carefully checked for plumbness prior to advancing each wick drain, and must not deviate more than 1 inch per foot from vertical. Wick drains that are out of their proper location be more than 6 inches or drains that are damaged in construction, or drains that are improperly completed shall be rejected


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by the Engineer, and no compensation will be allowed for any materials furnished or for any work performed on such drains.

G. The Contractor shall provide the Engineer with suitable means of making a linear determination of the quantity of wick drain material used.

H. During installation of the wick drain, provide suitable means of determining the depth of the drain.

I. Splices or connections in the drainage material shall be done in a quality manner, so as to ensure continuity of drain material. There should be a 12-18 inch length of wick drain material protruding above the natural ground surface at each drain location. The wick drain material shall be cut neatly at its upper end.

J. The use of augering or other methods to loosen stiff upper soils prior to the installation of the wick drains is permitted provided that such augering does not extend more than 2 feet into the underlying highly compressible soils (Sherack Formation at el 911 ft).

K. Preaugering shall be performed only upon approval from the Engineer and Owner’s Representative and after direct push or vibratory installation is proven ineffective. If augering is considered acceptable by the Engineer and Owner’s Representative, the auger shall have a minimum outside diameter equal to the largest horizontal dimension of the mandrel, shoe, or anchor, whichever is greater. The maximum outside diameter of the auger shall be no more than 3.0 inches greater than the minimum outside diameter. The augered hole shall be backfilled with pervious fill materials similar to the sand filter blanket fill materials up to the working grade surface either prior to or immediately after the installation of the drain. This pervious fill will not be measured for payment and shall be considered incidental to the work for this section.

L. Where obstructions are encountered below the working surface, which cannot be penetrated using normal and acceptable procedures, complete the wick drain from the elevation of the working surface to the obstruction and notify the Engineers representative. At the direction of the Engineer, install a new wick drain within 18 inches from the obstructed drain, in the same transverse direction as the obstructed drain.

M. Protect instrumentation devices and cables.

END OF SECTION


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SECTION 31 11 00 CLEARING AND GRUBBING

PART 1 GENERAL

1.01 SUBMITTALS

A. Submit the following in accordance with Section 01 33 00, Submittal Procedures:

1. Product Data: Tree wound paint.

PART 2 PRODUCTS

2.01 TREE WOUND PAINT

A. Bituminous based paint of standard manufacture specially formulated for tree wounds.

PART 3 EXECUTION

3.01 PROTECTION

A. Roads and Walks: Keep roads and walks free of dirt and debris.

B. Trees, Shrubs, and Existing Facilities: Protect trees and vegetation to be left standing from damage from clearing, grubbing, and construction operations by the erection of barriers or by such other means as the circumstances require.

C. Utility Lines: Protect existing utility lines that are indicated to remain from damage. Notify the Owner’s Representative immediately of damage to or an encounter with an unknown existing utility line. When utility lines which are to be removed are encountered within the area of operations, notify the Owner’s Representative in ample time to minimize interruption of the service.

3.02 CLEARING

A. Clearing shall consist of the felling, trimming, and cutting of trees into sections and the satisfactory disposal of the trees and other vegetation designated for removal, including downed timber, snags, brush, and rubbish occurring within the areas to be cleared. Trees, stumps, roots, brush, and other vegetation in areas to be cleared shall be cut off flush with or below the original ground surface, except such trees and vegetation as may be indicated or directed to be left standing. Trees designated to be left standing within the cleared areas shall be trimmed of dead branches 1-1/2 inches or more in diameter and shall be trimmed of all branches the heights indicated or directed. Limbs and branches to be trimmed shall be neatly cut close to the bole of

PW/WBG/435534/WP-43D.3.A CLEARING AND GRUBBING JULY 22, 2014 31 11 00 - 1

the tree or main branches. Cuts more than 1-1/2 inches in diameter shall be painted with an approved tree-wound paint.

3.03 TREE REMOVAL

A. Where indicated or directed, remove trees and stumps from areas outside those areas designated for clearing and grubbing. This work shall include the felling of such trees and the removal of their stumps and roots as specified in paragraph GRUBBING. Dispose of trees as specified in paragraph DISPOSAL OF MATERIALS.

3.04 GRUBBING

A. Grubbing shall consist of the removal and disposal of stumps, roots larger than 1/2 inch in diameter, and matted roots from the designated grubbing areas. Remove material to be grubbed, together with logs and other organic or metallic debris not suitable for foundation purposes, to a depth of not less than 18 inches below the original surface level of the ground in areas indicated to be grubbed and in areas indicated as construction areas under this contract, such as areas for levees. Fill depressions made by grubbing with suitable material and compacted to make the surface conform with the original adjacent surface of the ground.

3.05 DISPOSAL OF MATERIALS

A. Saleable Timber: Timber on the project site noted for clearing and grubbing shall become the property of the Contractor. Remove from the project site and dispose of or sell off site.

B. Nonsaleable Materials: Dispose of off-site logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations.

END OF SECTION

CLEARING AND GRUBBING PW/WBG/435534/WP-43 D.3A 31 11 00 - 2 JULY 22, 2014

SECTION 35 73 13.10 GEOTECHNICAL INSTRUMENTATION

PART 1 GENERAL

1.01 DESCRIPTION

A. This work consists of furnishing and installing geotechnical instrumentation as detailed in the Plans and as specified herein or established by the Engineer.

This work includes:

1. Furnishing and installing vibrating wire piezometers and manual settlement plates.

2. Furnishing and assisting the Engineer with the install of the vibrating wire settlement cells.

3. Furnishing and installing data collection mounting post.

4. Drilling boreholes for the placement of vibrating wire piezometers, and trenching operations for placing conduit and data cables.

5. Routing all data cables to the data collection mounting post.

6. Coordinating sensor installation operations with the Engineer during construction and protecting sensors and cables from damage.

7. Surveying and recording as-built sensor locations in the field with GPS coordinates.

8. Installing all geotechnical instrumentation in accordance with manufacturer recommendations and in accordance with these specifications.

9. Providing the Owner’s Representative with a report documenting the actual installation, calibration certificates, and initial field calibration readings and baseline testing for the vibrating wire piezometers. Owner’s Representative will document settlement cell installation and readings.

PART 2 MATERIALS

2.01 VIBRATING WIRE SETTLEMENT SYSTEMS

A. The VW settlement systems shall consist of Geokon Model 4650 Settlement Systems or approved equal. The VW settlement cells shall be made of a liquid reservoir, liquid-filled tubing, and the settlement cell, which contains a pressure transducer. One end of the tubing is connected to the pressure settlement cell

GEOTECHNICAL INSTRUMENTATION July 15, 2014 35 73 13.10

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(pressure transducer) and the other end is connected to the reservoir. The pressure transducer shall measure the pressure created by the column of liquid in the tubing, which will increase with settlement. Settlement shall be calculated by converting changes in pressure to inches of liquid pressure. The system shall automatically compensate for changes in barometric pressure.

The components of each individual settlement system are listed below:

1. Vented Settlement Cell (24 psi): Includes a pressure transducer with built-in thermistor or RTD. The transducer measures the increase in pressure caused by the column of liquid in the tubing.

2. Settlement Plate: Steel plate (12 in x 12 in x 1/8 in) to be bolted to the bottom of the cell and used to maintain the required upright orientation of the cell.

3. Vented Signal Cable: This cable is to be used between the vented pressure transducer and the readout device.

4. Tubing: Polyethylene tubes with protective jacket, filled with an anti-freezing fluid to approximately 20 psi over atmospheric pressure. The tubing shall supply the fluid to the pressure transducer, via the reservoir.

5. Reservoir: Serves as a reference for the movement of the settlement cell. The reservoir shall supply a constant level of anti-freezing fluid to the tubing. The reservoir shall be contained in a lockable, weather resistant enclosure mounted to the data collection mounting post.

6. Desiccant Chamber: Prevents moisture from entering vent tube of vented signal cable.

The vented vibrating wire settlement system shall meet the following minimum performance requirements:

Range 50 feet Resolution 0.05% FS Sensor Accuracy ± 0.1% FS Temperature Range -20°C to +80°C Fluid Type Anti-freezing Fluid

Known vibrating wire settlement systems that conform to these specifications include the Geokon, Incorporated, Model 4650 Settlement System (http://www.geokon.com), and the RST Instruments Ltd. Model SSVW105 Vibrating Wire Liquid Settlement System (http://www.rstinstruments.com).


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http://www.geokon.com/

http://www.rstinstruments.com/

2.02 VIBRATING WIRE PIEZOMETER

A. The VW piezometers are used to monitor pore-water pressure at installed zones in the borehole. The VW piezometers shall convert pore water pressure to a frequency signal via a diaphragm and a tensioned steel wire. It shall be designed so that a change in pressure on the diaphragm causes a change in tension of the wire. A frequency signal will be transmitted via a data cable. The applied pressure and frequency signal are used to convert Hz readings to engineering units. The VW piezometers shall have all stainless steel casing.

The components of each individual VW piezometer are listed below:

1. Vibrating Wire Piezometer: 50 psi borehole VW piezometer, equipped with a temperature sensor, such as built-in thermistor or RTD.

2. Signal Cable: This cable is to be used between the piezometer and the readout device.

The VW piezometers shall meet the following minimum performance requirements:

Range 50 psi Resolution 0.025% FS Calibrated Accuracy ± 0.1% FS Maximum Over Range 2 x rated range Filter 50-micron sintered stainless steel Thermal Zero Shift < 0.05% FS per °C Linearity < 0.05% FS (± 0.1% FS optional) Temperature Range -20°C to +80°C

Known vibrating wire piezometers that conform to these specifications include the Geokon, Incorporated, Model 4500S Vibrating Wire Piezometer (http://www.geokon.com), and the RST Instruments Ltd. Model 2100 Vibrating Wire Piezometer (http://www.rstinstruments.com).

MANUAL SETTLEMENT PLATES

A. Manual Settlement Plates shall be fabricated in accordance with the “Settlement Plate” detail in the Plans.

2.03 DATA CABLES

A. Sensors must be ordered with sufficient connection cable to run from the sensor to the data collection post/enclosure, allowing for 10 feet of additional cable within the enclosure. Data cables shall be designed to match with the appropriate sensors as recommended by the manufacturer.


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http://www.geokon.com/

http://www.rstinstruments.com/

2.04 DATA CABLE SPLICES

A. If cables are damaged during installation and splices are required, sensor cable splices shall be a waterproof splice kit provided by the cable and sensor manufacturer. Splicing on the VW settlement system vented signal cable and tubing is not allowed.

2.05 CONDUIT

A. One conduit shall be installed for each nested piezometer and for the settlement cells (three total conduits). Conduits and fittings shall be non-metallic. The conduits shall be 1.5-inch minimum and shall be sized such that all cables to be installed within the conduit run will occupy not more than 40 percent of the inside cross-sectional area. Sharp bends in conduit systems are not allowed. Conduits shall be sufficiently robust to survive construction installation and backfilling activities.

2.06 DATA COLLECTION MOUNTING POST

A. Data Collection Mounting Post shall be accordance with the “Data Collection Mounting Post” detail in the Plans. The post shall be between 5 and 6-inches in diameter and grouted in place to provide a rigid, stable element to mount both Settlement System reservoir enclosures and one data collection enclosure (provided by others).

PART 3 EXECUTION

3.01 PROCEDURES

A. Provide the drill rig and grout backfill materials to complete the boreholes for the piezometers.

B. Provide the trenching equipment to install the cable for the instrumentation.

C. Provide the drilling equipment to install the data collection mounting post.

3.02 CONSTRUCTION REQUIREMENTS

A. Install instrumentation/sensors a minimum of 7 days prior to placement of the surcharge fill to allow for stabilization of the borehole and piezometer readings.

B. Locations of the sensor installations, cable/conduit runs, and data collection mounting post shall be as indicated in the plans and installed in coordinated fashion to ensure all monitoring systems are protected from construction activities and remain operable and in-place from the time of installation through completion of the work. Final installed locations shall be surveyed and recorded.

C. All sensors must be calibrated in accordance with the manufacturer’s requirements. Copies of the calibration certificates for each sensor must be


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provided to the Owner’s Representative prior to placement of the surcharge fill. Calibration certificates shall include the sensor ID number, model number, serial number, and calibration results.

D. Backfilling over sensors and cable runs shall be in accordance with the manufacturer’s recommendations. Compaction equipment must not be used in the immediate area of the vibrating wire settlement sensors until at least 2 feet of backfill has been placed over the sensors.

E. All sensors shall be installed per the manufacturer’s recommendations.

1. Vibrating Wire Settlement Cell Systems

The Contractor shall assist the Engineer with the installation of the Vibrating Wire Settlement Systems, at the designated plan locations, to the plan elevations indicated. Contractor shall coordinate and schedule installation of the Vibrating Wire Settlement Systems with the Owner’s Representative. Base plates for the settlement sensors shall be installed horizontally and level. Initial readings of each vibrating wire settlement system must be taken and stable readings must be achieved prior to placement of the surcharge fill.

2. Vibrating Wire Piezometers

a. Install Vibrating Wire Piezometers, at the designated plan locations, to the plan elevations indicated. Vibrating Wire Piezometers shall be installed with a soil drilling rig using hollow-stem auger methods. Record the installed elevation and depth of each vibrating wire piezometer to the nearest 0.1 feet. Each vibrating wire piezometer shall be grouted and sealed in accordance with the fully-grouted method. A written log describing the vibrating wire piezometer installation at each location shall be provided to the Owner’s Representative.

b. Prior to installation of piezometers with a borehole, saturate the piezometers prior to installation and take an accurate initial zero pressure reading for each piezometer. Initial zero readings shall be recorded and provided to the Owner’s Representative.

F. Maintain the instrumentation according to the manufacturer’s recommendation.

G. The Engineer shall be responsible for the installation data collection system and enclosure, and integration of all sensors/data cables with the data collection system. The Engineer shall be responsible for maintaining the data collection system.

H. After completion of the installation, the Engineer shall be responsible for the collection of data and processing and presenting the data from the data collection system. This information shall be made accessible to the Contractor.


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3.03 MONITORING

A. The Owner Representative’s monitor and maintain survey records for each settlement plate installed on forms provided by the Engineer according to the following schedule:

1. Survey top of base plate and top of initial riser prior to initial backfill. Initial riser shall not exceed 3 feet.

2. When adding additional riser sections:

a. Survey top of existing riser pipe immediately prior to adding riser pipe.

b. Survey top of new riser pipe immediately after adding riser pipe.

3. Survey top of riser pipe and top of fill adjacent to the riser pipe once each lift placement is complete (perform daily if lift placement extends beyond 1 day) for each lift until grade is attained.

4. Once fill placement has attained top of surcharge grade, survey top of riser pipe and adjacent fill daily for 2 weeks and then once per week until the end of the surcharge loading period. Engineer may revise survey schedule depending on project conditions and ground response to surcharge loading.

5. Provide elevations and measurements to the nearest 0.01 foot using a level and level loop. GPS elevations will not be allowed for settlement plate monitoring.

END OF SECTION


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